Tribunal to rule whether farmer’s data on ‘harmful’ pesticides can be released to WildFish

WildFish will be appearing at a tribunal hearing (HSE v ICO & WildFish) on 12 March to fight for access to information on harmful plant protection products (PPPs) used by farmers. 

PPPs include chemicals such as insecticides, weedkillers and fungicides which wash into rivers and streams when it rains. These chemicals wreak havoc with aquatic invertebrates, the base of the food chain, and impact fish.

PPPs are supposed to be kept under proper control with effective checks and inspections. However, the Health and Safety Executive (HSE), which has the regulatory responsibility, rarely does its job properly. 

Under Article 67 of EU Plant Protection Products Regulation, PPP users must keep three-years’ worth of detailed records and to supply them on request to the HSE. In turn, the HSE is required to provide access to the records under the PPP Regulations but also the Environmental Information Regulations 2004 which oblige public bodies (and those carrying out public functions) to provide such information upon request.

As with many of our cases at WildFish, regulators often rely on exemptions to avoid disclosing details. 

We took over one important case concerning plant protection products after students at Cardiff University were refused access to information on glyphosate use by HSE on the basis that their request was “manifestly unreasonable”. We made a subsequent request to HSE after SmartRivers data on the Welsh Dee showed signs of pesticide pollution. We asked for Article 67 records in a particular sub-catchment but we were refused access. The Information Commissioner agreed with us that the information should be disclosed – but as with the Carmarthenshire case, the  HSE appealed with the case now to be heard in March 2026 by the General Regulatory Chamber Tribunal (First Tier Tribunal). 

Justin Neal, a solicitor at WildFish said: “WildFish often asks difficult questions of public bodies such as water companies and regulators. Time after time, we hear similar excuses (“it’s too difficult to provide this information” or “we don’t have it!”). What is needed is for HSE and other regulators to start regulating properly and to ensure that not only is there public access to information on pesticides, but that this information is actively published so we can all see what they are allowing to wash into our rivers.” 

Whatever the outcome of the appeal, WildFish is determined to ensure that the regulators involved with pesticide use and regulation cannot simply duck their responsibilities.