A senior lawyer at South West Water justified withholding the data by saying “it is the regulators and not the press or the public” who should be able to view information regarding “complex technical and regulatory matters”.

Talk down to your consumers at your peril! 

Examples of “the little people” running rings around you are growing. 

By the way, the procedure derided by “my learned friend” is called transparency. – Owl

Adam Vaughan www.thetimes.co.uk

The chief water industry regulator has warned companies they are endangering public trust by withholding secret data that could reveal illegal sewage spills.

David Black, chief executive of Ofwat, said that six water companies should “not wait to be pushed” into releasing details of when they start and stop discharging raw sewage into rivers. He told the water companies they also needed to stop hiding behind an investigation he is running.

Cross-referenced with weather data, the water companies’ timings can show whether spills are happening when it is not raining — an illegal practice known as “dry spilling”. Experts believe widespread evidence of dry spilling is a looming scandal for the water sector.

Most of the six argue that making the information public risks prejudicing an investigation by two regulators, the Environment Agency and Ofwat.

However, Black unambiguously punctured that defence, saying that the investigation was no excuse for water companies to keep people in the dark about spill times. “They should not wait to be pushed. Customers have paid companies to install monitors and collect their data. They have a right to see what it says,” Black told The Times.

Much of the UK’s sewage system works by combining sewage and rainwater running off streets and fields, with companies legally permitted to dump sewage into waterways during heavy rainfall. Those permits do not allow for discharges on dry days.

When three other companies did release data on spill timings, the BBC, using weather data, alleged that the trio had dry spilled for more than 3,500 hours in 2022.

Polling for the Consumer Council for Water has shown that 43 per cent of people do not trust water firms to protect the environment, and last year Water UK, the trade group, apologised over sewage spills. Black said that to restore trust it was key that the six companies should be more transparent with their data.

“One of the prerequisites for building public trust is a culture of openness. As trust in the water sector is falling, that tells us companies have more to do,” he said. The head of the economic regulator said companies should “be more open in sharing their plans and progress”.

Dry spills are particularly egregious because raw sewage is likely to be less diluted and more harmful to wildlife and people. The charity Surfers Against Sewage noted that many swimmers will avoid entering water after days of heavy rain but not when it is dry.

A senior lawyer at South West Water justified withholding the data by saying “it is the regulators and not the press or the public” who should be able to view information regarding “complex technical and regulatory matters”.

The Information Commissioner’s Office, the data watchdog, is investigating six complaints brought by The Times over the refusal to release stop and start times. Greater transparency is one of the key demands of The Times’s Clean it Up campaign.

James Wallace, chief executive of the campaign group River Action, said the secrecy by the six companies was an act of self-sabotage. “At a time when they desperately need to build trust with customers and communities, they must demonstrate transparency,” he said.

He accused the six of hiding behind “a smokescreen of missing information and, perhaps, illegal behaviour” while water companies propose raising bills by about a third between 2025 and 2030, partly to pay for curbs on sewage spills.

“The government must make all water companies declare when they release untreated sewage, regardless of whether they are being investigated or any other excuse they may have,” said Wallace.

There is no public timetable yet for when the Ofwat and EA investigation will be published.

A Water UK spokesman said: “The UK water industry is one of the most transparent in the world. In rare circumstances when a formal investigation is under way data may be excluded from immediate release to allow the process to complete.”

South West Water said: “We absolutely agree that water companies have a responsibility to embrace open data.”

The Times is demanding faster action to improve the country’s waterways. Find out more about the Clean It Up campaign.