Fight against farm crop sprays taken to the European Court

Georgina Downs, who has been fighting for nearly a decade to persuade the Government to stop farmers spraying crops with pesticides near to housing, will take her case to European judges in an attempt to alter the law.

Fifteen months ago she won a landmark ruling at the High Court when a judge said she had presented "solid evidence" that people had suffered harm after being exposed to the chemicals involved.

Mr Justice Collins also said the Government had failed to protect rural residents from pesticide spraying.

But his decision was overturned on appeal a few months later and a subsequent attempt to take the case before the UK's new Supreme Court was turned down over Christmas, leading Ms Downs to take the matter before European courts.

Ms Downs, of Chichester, West Sussex, said that during both the appeal hearing and the subsequent application to the Supreme Court vital sections of her evidence was ignored by judges who refused to listen to those parts of her case because she was not a qualified scientist.

But she says the evidence is based on Government documents and findings and she has now decided to publish this information on her website www.pesticidescampaign.co.uk

Among her claims are details from the Pesticides Safety Directorate, a branch of the Health and Safety Executive, which state the Government's "bystander model" for calculating risk is inadequate.

If successful the Government may be forced to re-examine its policy on crop spraying on UK farms, something which could have an effect on food prices.

Ms Downs told the Yorkshire Post: "I am publishing material that has not been seen before and will now go before the European Court.

"My case has been supported by five legal decisions, including the High Court, the latter of which the Government appealed against.

"I now have to take the fight to the European Courts. I have been doing this for years and am not going to give up, I will carry on."

Ms Downs grew up next to a farm and claims to have developed health problems owing to the spraying of fields next to her home.

She said she and her legal team will be taking their time with the application process to make the case "as strong as possible" and that she had yet to decide whether to take her case to the European Court of Human Rights or the European Court of Justice.

"My evidence has won five out of five decisions whenever it has been heard," she said.

Defra minister and MP for Leeds Central Hilary Benn has commented recently on the need to continue to improve understanding of the effects of various sprays.

A spokeswoman for Defra and the Pesticide Safety Directorate declined to comment on the case.