𝓤𝓷𝓲𝓽𝓮𝓭 𝓝𝓮𝔀𝓼

A green regulator has lost a fight to hide potential conflicts of interests with water companies held by its directors across England. A tribunal ordered the Environment Agency (EA) to reveal its area directors’ financial interests after a two-year battle with Windrush Against Sewage Pollution (WASP).

Ash Smith, of WASP, said: “The way the Agency tried to dodge our request, and the chief executive’s refusal to intervene in that dodging, was particularly disappointing – now we need to find out what they have been hiding. We hope that directors who don’t hold compromising interests will share our aim to bring transparency and integrity to the forefront and restore confidence in their organisation.”

WASP previously alleged “serious conflicts of interest” in the EA’s senior leadership team in 2023. Mr Smith added: “That should have been a wake-up call to get a grip, but it still seems to want to double down on secrecy, and that is not a healthy attitude for a regulator that we know is a target for regulatory capture and corruption.”

It comes as the EA allows its staff to hold shares and business interests in companies it regulates. Meanwhile water regulator Ofwat does not allow this. 

Mr Smith said he was “appalled” when the EA refused to reveal the financial interests of its regional and area directors over a five year period “who have so much control over regulation and the impact on water companies”.

He added: “When it was also devious when it blocked our access, our faith in the integrity of this regulator fell to an all time low and when we say ‘it’, we mean the people and leaders who did this and let happen.”

The First Tier tribunal overruled the Information Commissioner and the Environment Agency to rule in favour of WASP after a virtual hearing in October last year.

It added that the EA had “no basis” to interpret the disputed Information as being limited only to staff members who were currently in post at the time of the request. It has 35 days to comply and release the information.

Philip Duffy, head of the Environment Agency, admitted in 2024 that freedom of information requests have been buried by the regulator because the truth about the environment in England is “embarrassing”.

The body’s chief executive had said that officials were “worried about revealing the true state of what is going on” with regards to the state of the environment.

An Environment Agency spokeswoman said: “We are confident that we have robust processes in place to ensure no conflicts of interest arise for our senior managers. All staff are required to complete an annual Declaration of Interest.

“We have acted in good faith throughout this process and we will be releasing all of the requested information shortly.”