Judge discounts public opinion and finds in favour of fluoride (From Daily Echo)

Judge discounts public opinion and finds in favour of fluoride

A High Court judge has ruled that a plan to add fluoride to tap water inthe Southampton area, including Rownhams, is legal.

Mr Justice Edward Holman aid he sympathised with the position of the Southampton mum who challenged South Central Strategic Health Authority’s move to add the chemical to water supplies but ruled it had acted legally when it did so.

The SHA sad its proposal to fluoridate the water of 200,000 people, includign 1,500 in Rownhams, would improve dental health.

When thmatter was put to public consulation 72 per cent who responded were against the scheme.

Hampshire County Council and Southamton City and Test Valley Borough Councils alo objected.

On Friday Justice Holman rejected both grounds of Gerri Milner’s judicial review – that the SHA should not have ignored the majority of residents who opposed the scheme, and that it failed to fully assess some of the arguments against it.

He stressed this was not a judgement on the merits of fluoridation, but told London’s Royal Courts of Justice: “It is important to stress that our democratic parliament decided long ago that water can in certain circumstances be fluoridated.

“As I have endeavoured to show, and contrary perhaps to the belief of Ms Milner and others, it is not the law that fluoridation can only occur when a majority of the local population agree.

“Parliament has firmly entrusted area-specific decision making to the relevant SHA.

“This SHA have not acted unlawfully and no court can interfere with their decision.”

Ms Milner’s lawyers had tried to argue statements from ministers during the debate on the 2003 Water Act that fluoridation schemes would only go ahead with public support represented government policy.

But Mr Justice Holman said that promise is not in the regulations, had never been communicated to health authorities and would be inconsistent with the law passed by parliament.