In 2005 new UK environmental information regulations said quite clearly that water companies were included.
But by 2011 Anglian Water were still wriggling out of giving Mr Trevor Allport answers about his fluoride treatment by claiming not to be a public authority...
|In 2013 the EU ruled water companies were public authorities after all
On 4 Aug 2018 I sent this information request about United Utilities' fluoride treatment of people in its service area...
United Utilities is one of five water companies which fluoridate their customers and, as a party in that judgment, was specifically identified as public for EIR purposes.
If any water company still claims it does not fall under the EIR, which is based on the Aarhus Convention and European Directive 2003/4/EC, you can use Para 14. of the EIR code of practice to explain it to them.
Anglian Water were still claiming to be exempt from EIR as late as 2011, saying the Information Commissioner "confirmed" this.
But the Information Commissioner ended up in the European court along with three water companies, losing the battle to prevent the public getting information about their environment that they had proclaimed would be available for you, back in 2005.
The judgment should apply equally to all water companies however.
Thanks to a FOI request by Joy Warren the following upper-tier local authorities are known to be financially involved in treating the fluoridated people.
The original request has been slightly reworded to reflect this.
Full text of the request
Dear United Utilities
BACKGROUND:
Your document
enumerates environmental topics which might be the subject of an information request under the Environmental Information Regulations 2004, including "substances...waste...radioactive waste...radiation and emissions, discharges or other releases."
Copyright 2014 by United Utilities Water Limited, the document explains that the above is "information held by the public authority" in various forms.
A
2011 FOI request under the same Regulations by Trevor Allport
https://www.whatdotheyknow.com/request/monitoring_and_procedures#outgoing-128602
was refused by Anglian Water on the following grounds:
"You may be aware that the Information Commissioner recently confirmed that water and sewerage companies (WASCs) such as Anglian Water are not public authorities for the purposes of the EIR and as such these regulations do not apply."
In 2013, that is between the above dates, this EU judgment
https://eur-lex.europa.eu/legal-content/en/TXT/PDF/?uri=uriserv%3AOJ.C_.2014.052.01.0013.01.ENG
established that water companies as functioning in the UK and including United Utilities are indeed public authorities for the purposes of the EIR.
Please
attend to the following information request under the EIR 2004 concerning your
fluoridated customer environment.
What categories of information about the customers' fluoride treatment, other environmental consequences of fluoridation, and employee environmental conditions related to fluoride dosing is United Utilities Water Limited able to offer?
For hydrofluorosilicic acid H2SiF6, intended to be used to fluoridate people in the UK and purchased by United Utilities Water Ltd, or on their behalf by health authorities, upper tier local authorities, or any other public purchasing agency connected with fluoridation, how many batches or shipments were rejected, and of what volume in litres or weight in kilograms was each such rejected batch or shipment, and on what grounds was each such batch or shipment rejected, in 2017?
Does
United Utilities Water Ltd accept that the judgment in Fish Legal, Emily
Shirley v Information Commissioner, United Utilities Water plc, Yorkshire
Water Services Ltd, Southern Water Services Ltd Case C-279/12 applies
retrospectively for
the purposes of requests under the Environmental Information Regulations 2004?