We are still in the process of negotiating the scheme with the local authority and no formal agreement has been signed to date.
The draft legal agreement for fluoridation is currently under review by other water companies and, in consequence, has not been finalised.
We are currently evaluating all the costs involved so as to advise the health authority and assessing the distribution zones where fluoridation can be implemented. The decision to fluoridate the water supply will be made by the health authority not Southern Water.
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In discussing the proposed fluoridation project for Southampton 'with other water companies' perhaps Southern Water would like to ask those companies' lawyers for an independent view on whether or not David Shaw's analysis of the legal status of fluoridated water as a medicinal product under EC and UK law, in the recent edition of Medical Law International, is correct.
If, as Shaw concludes, water fluoridation depends entirely on the "legal fiction" that it is not a medicine, then Southern Water and all other water companies should certainly consider the liability of their Board Members in engaging in the supply of an unlicensed medicine to the people forced to consume their product?
All British Water Companies really should obtain the best available legal advice as to the advisability of engaging in what appears to be an unlawful method of supplying this product. such actions are prohibited under the Medicines for Human Use Directive 1965 and subsequently, and by the Medicines Act 1968. They are also prohibited as the result of the decision of the European Court of Justice in 2005 with respect to all such 'functional drinks'.
It would be somewhat ironic (to put it mildly)if Southern Water were to engage in putting the new works into operation, only to be required to stop shortly after by an entirely appropriate legal challenge and/or a demand for a halt to this charade by Hampshire County Council, once the abominable Strategic Health Authority finally meets its well-deserved termination.
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