Are you one of the many who has watched the BBC’s two-parter Buried with Michael Sheen? If so, you may have experienced increasing levels of outrage as the actor helps to uncover the scandalous dumping of toxic waste across sites in Wales and England — and lays out the effects, only now fully emerging, that this has had on local residents’ health.

Sheen, is, of course, the big draw; the well-loved actor getting the UK to take an interest in a complex, localised topic. But in several scenes, you’ll also have seen Paul Cawthorne, vicar and environmental campaigner: helping to test soil at the contaminated sites; sharing a testimony from one of his parishioners who had been employed to dump the chemicals; and providing background information from more than a decade of investigations.

What you won’t necessarily have realised is that much of that background information has been obtained, over the years, from Freedom of Information requests made on WhatDoTheyKnow — this case stands as an example of how FOI can play a crucial part in bringing malpractice to public attention.

Over a decade of dedicated investigation

Paul’s investigation into the dumping dates back many years, and he has made great use of Freedom of Information to secure the evidence to show that giant chemical company Monsanto was appallingly negligent in the disposal of polychlorinated biphenyls (PCBs), now known to be cancer-causing “forever chemicals”, going back as far as the 70s.

Paul was happy to talk to us and let us know all about the part that FOI and WhatDoTheyKnow have played in his search for the facts — you can see his more than 200 requests for yourself, on the site.

Entering the public consciousness

He’s pleased that the programme has brought the topic that has been absorbing him for so long to the public eye: “For the first few years, everyone just assumed that I was making a fuss about nothing, and now it seems to have suddenly reversed.”

The first sign of that was a call from the TV production company, seeking evidence that they could shape the programme around.

If you’ve watched Buried, you’ll know that much of the programme is based around the meticulous records of whistleblower Douglas Gowan, now deceased. He had been an equally dedicated investigator into the issue, years prior, and Michael Sheen had interviewed him before he died. 

“Michael had read an article in the Ecologist magazine that I contributed to in 2007, and that’s how he came across Douglas Gowan’s story. I managed to source him a briefcase full of Gowan’s papers, the one that we see in the TV programme.

“It had been very securely lodged, after his death. I’m not even allowed to say who with, but we managed to get access to it, and so it’s been quite a detective story, really.”

Don’t ask awkward questions

And that’s not the only dramatic detail: it was also mentioned in the programme that Paul was first alerted to the whole topic by one of his parishioners who had been involved in the dumping, on his deathbed:

“Yes. Well, more accurately, he had only a few months to live. And he asked to see me, so we sat over a pint, and he told me about all this night-time dumping that had been going on in Telford at Stony Hill, and how a driver had got some yellow crystals on his hand, and his hand broke out into an immediate rash. 

“The poor worker, he’d felt very uncomfortable about this dumping, and he’d gone to the site manager and said, ‘What’s going on?’, and the site manager just looked him straight in the eyes and said, ‘You don’t want to go asking questions like that’.”

That was the start of it all, setting Paul off on his tireless campaign for truth. At what point did he realise that Freedom of Information was going to be useful? 

“It’s been a steep learning curve. For the first few years, I very naively wrote to the various regulators, and they sent me their fob-off replies. And of course, there was nothing on the public record about that. 

Putting information into the public arena

“So when I discovered WhatDoTheyKnow, it was a real breakthrough because I realised that if I asked authorities in public, they would realise that their responses were going to go on the public record. So they were less likely to lie to me. And with it being on the public record, future researchers could could follow up on stuff that I may have missed. 

“I mean, it’s such a big subject. I suspect people in 50 years will be doing studies of what I’ve uncovered. Not to be pompous. I’m just being honest about the importance of it all.”

Paul soon realised he could do more on WhatDoTheyKnow than just lodge requests.

“Another benefit is that I can do searches on the relevant terms to see what other people have requested on the same subjects.

“But also, one of the lovely things has been to be able to put an enquiry with one regulator on WhatDoTheyKnow, and then forward that to another regulator to say, ‘You weren’t telling the truth, were you? Because these other people have said something so different’. That kind of-cross referencing has been incredibly valuable. 

“That approach forced some information out of the Mines Remediation Authority, including the existence of some secret testing that had been done below the Stoney Hill site at Telford, which no one had told me about, so that was brilliant.”

But it hasn’t always been so easy. 

Now you see it…

“A lot of the key lorry manifests from Telford, which was the first site I looked into, went missing. The Environment Agency’s Shrewsbury office had shown me them in person, proving that a lot of the dumping into this site in Telford had been done from the two Monsanto plants at Newport and Ruabon. And then when I asked to see them again, lo and behold, they’d gone missing. 

“They said that they’d sent them to Telford Council, and Telford Council said, ‘We haven’t received them’. So I had two FOI requests, which said mutually contradictory things, and you just feel like locking the two parties in a room and saying come out when you’ve made your minds up!”

The discoveries are still coming. 

“Only two weeks ago, we unearthed a 1,100-page document which shows that Telford Council have known all along how bad the site was, and that the site linings aren’t even non-porous because a cheap load of colliery spoil was used to line the bottom.”

Sometimes, the results of an FOI request have been quite surprising.

“I’d done a request about Cefn Mawr in North Wales — which features in the programme — and the answer came back with the information I’d asked for. 

“But there was more information included, about the American Monsanto court case, and I thought, ‘That didn’t need to be included in the answer’. So, I believe a whistleblower managed to get out to me a piece of information that they knew I was looking for about an American court settlement. That’s somebody very honorable, who knows the significance of that document, and that’s why they’ve given it to me.”

As you can tell, Paul has been extremely meticulous and tenacious in his investigation. The circumstances of the toxic dumps haven’t made the job any easier, either: 

“A lot of it was dumped at night, so isn’t recorded, and a lot of it was dumped in the early 1970s before the Control of Poisonous Waste Act came in, in ’74. 

“So there was no stipulation to do it particularly carefully in most cases, and it’s left a really nasty legacy. A lot of the dumping was done in barrels, and the barrels are now rusting, so the stuff’s leaking out. 

“A whole load of councils seem determined to avoid classifying the sites as contaminated land because they’re worried about obligations that they feel may be put upon them, and unfortunately, they don’t seem to understand that the legislation clearly says that if councils that own some of these sites aren’t able to pay, then the polluter can be approached to pay.”

What happens next?

Perhaps this TV programme will be a turning point, beginning to bring justice to the people and the communities that have suffered such severe health issues? 

“If you see it as a chess match, I’d say that we’ve finished the end of the opening game, and we’re now moving into the middle game. Even this last week there’s been so much happening [We spoke to Paul just over a week after the programme first aired]. A legal firm is recruiting for for a major class action, so I’ve been giving them my contacts, especially people who’ve got cancers. And very sadly, there’s quite a lot of child leukemias turning up near the different sites, as well, which we didn’t include on the TV because it’s a bit heavy and a bit personal. 

“A national newspaper is pursuing the idea of a series of features about things which we just touched on but didn’t have time to develop in this series. 

“Plus we’re preparing for two judicial reviews. One of those is is likely to be a challenge against DEFRA for breaching the Stockholm Convention regarding persistent organic chemicals and pollutants; and the other one is against Caerphilly Council because they’ve issued a report saying that Ty Llwyd Quarry, which featured in the series, isn’t contaminated land — but they haven’t even tested the layby that’s known to have PCB in it, and they haven’t tested the river below the nearest village, Ynysddu, which we know from previous tests that there’s PCB in the bed of the river for at least three miles downstream. So, why aren’t they testing those miles downstream?” 

Hopefully, this important work will continue to have significant outcomes. Many thanks to Paul for taking the time to share his remarkable investigation. If you’d like to help see justice done by the victims of the toxic waste dumping, look out for Paul’s crowdfunder page, coming soon — we’ll drop a link here as soon as it’s live.

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Image: Ilya Yakubovich