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Emeritus Prof Christopher May

Meanwhile in Windermere the struggle to get data collected by United Utilities on its sewage disposal into Windermere itself & surrounding rivers continues....

UU says it is committed to transparency, right up to the point when someone actually wants the data/information to reveal the damage UU is doing the Lake District water courses, then (they claim) its not in the public interest - a claim already dismissed by the Information Commissioner!


theguardian.com/environment/20

The Guardian · United Utilities refuses to hand over data on sewage discharges into WindermereBy Jon Ungoed-Thomas

@ChrisMayLA6 Like all the rest of the utility companies, United Utilities are a criminal enterprise taking money by false pretences. Why are the Labour government not acting?

@johnelalamo

because they have an aversion to opening cans of worms?

@ChrisMayLA6 Reminds of when UU's Davyhulme sewage treatment plant went sour. They had accepted radioactive 'fracking' discharge water, which they eventually discharged into the Manchester Ship Canal!

@ChrisMayLA6 Don't the Environmental Information Regulations 2004 apply to UU? If so they are obliged 1) to proactively publish ALL environmental information they hold and 2) to promptly respond to requests for such information.
Unlike, FoI internal notes, drafts and technical reports are NOT exempt from disclosure.
Perhaps ICO should start fining them heavily for breeches, (made much easier for ICO if people ask for the Info under EIR rather than FoI!)

@epistatacadam

yes, interesting point.... as so often its not the regulations that are the problem, its their enforcement

@epistatacadam @ChrisMayLA6

They (FoI and EIR) only apply to public bodies and not private businesses, afik

@Sc0tty @ChrisMayLA6 yup but private businesses public undertakings, conducting public activities such as Waste disposal are covered, And human waste, sewage, disposal is an ancient public undertaking that was privatised, but it remains a public undertaking, You pay for it via your rates, now separated from the rest of your council tax....

@epistatacadam @ChrisMayLA6

Yes, but only applies where the business is providing a service on behalf of a public body which would otherwise be legally responsible for the service. Water and sewage were privatised so no longer (legally) the responsibility of a public body, hence FoI wouldn't apply. Not saying it's a good thing, it's just how the law applies 😕

@Sc0tty @ChrisMayLA6 yes FoI does not apply. However, explicitly EIR does! See ICOs interpretation of it. Everyone forgets EIR though it is much more powerful than FoI, it requires the holder to publish regularly all the data it holds, no ifs no buts, no confidentiality reasons, just put the data out there regularly. It is an offence not to do it, so UU has a large fine heading it's way if everyone woke up and asked ICO to enforce it.