Court: Minister Wiersma ‘abused her authority’ to prevent the publication of emission data

Outgoing minister Femke Wiersma of Agriculture (BBB) ​​has “abused its powers” by blocking the publication of emission data from livestock farms. “The minister’s actions can only be understood than an action to delay the disclosure of the requested emission data,” the Overijssel District Court writes in a ruling on Thursday morning.

Minister Wiersma personally intervened in the handling of a WOO request (the Open Government Act) at the court last January. Journalists of Follow the Money,, ” De Gelderlander and NRC had requested disclosure of the emission details of livestock farms at the end of 2022. This data can, among other things, be calculated the effectiveness of the nitrogen policy.

We study the pronunciation and consider next steps

The Netherlands Enterprise Agency), manager of the data, had already decided in 2023 to reveal the information and defended it in court against farmers who had lodged an objection. After telephone consultation with Wiersma, that decision was suddenly reversed and withdrawn during the hearing. The information did not have to be made public, Wiersma thought.

That intervention was therefore unjustified, the court judges. Environmental data has a special position in the public opposition legislation because of their potentially large social impact, the judge writes. “This information must simply be made public.”

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Position

Wiersma said he intervened because, according to her, the farmers were not carefully informed about the revealing of their information. But it is not clear to the judge what the added value is of reinforcing farmers, if it is already certain that the data must be published. The minister also shares that position, the court finds. The minister’s actions must therefore “not legally respect the purpose”.

Whether the data is immediately made public is yet unclear. The Ministry of Agriculture could not yet respond to the ruling, says a spokesperson. “We study the pronunciation and consider next steps.” An appeal to the Council of State is still possible.

Wiersma initially stated for all sixty thousand farmers – including hobby farmers with a few animals – to inform by letter about the revelation of the information. According to officials, that operation costs between 5 and 14 million euros and lasts between six and eight months.

Wake -up

Farmers’ interest organizations such as the LTO and the Dutch dairy farmers trade union say that disclosure of the emission data affects the privacy of farmers and makes them more vulnerable to activism. The data also includes the locations of the stables, which often stand next to farmers’ homes.

In addition to WOO requests from journalists, Wiersma stopped between ten and twenty other information requests-for example, of the Mob and Animal Welfare Organization Wakker Dier Environmental Association.

The special position of environmental data follows from European rules (the Treaty of Aarhus). After incentive under the leadership of BBB party leader Caroline van der Plas, NSC minister Judith Uitermark (Interior) will talk to other EU countries to seek support ‘to restrict the concept of emission data’.

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