Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

Lord Judd Excerpts

Tuesday 22nd January 2019 Lords Chamber

[Lord Teverson (LD)]

My Lords, I strongly endorse the comments of the noble Lord, Lord Deben. We had real issues about water quality in the south-west, where I live, before we had the various framework directives, particularly the bathing water directive. Through the action of the European Union and a pressure group called Surfers Against Sewage, we now have fantastic beaches in the south-west.

I intervene because I want to personally thank the noble Lord, Lord Deben. Privatisation of the water industry meant that those improvements could be afforded, which meant that water bills in the south-west, and Cornwall in particular, went up by a huge amount. As a result, I was elected as an MEP for Cornwall, Scilly and Plymouth in 1994. I was one of the first two Liberal Democrats ever to be elected to the European Parliament, so I again thank the noble Lord. Perhaps that was not meant to be the result of that policy decision, but we still have excellent beaches in the south-west, and I encourage everyone to visit them, enjoy them and celebrate the European directive that meant that we could enjoy bathing in the clean waters of the Atlantic in the south-west.

[Lord Judd (Lab)]

I too put on record my congratulations to the noble, Lord, Lord Deben, not for the first time, on his forthright and important intervention. It is not very many years since I remember a glorious summer’s day bathing off Bournemouth and finding myself swimming next to a gigantic turd. I thought that this was too much, and I wrote to the clerk of the council in Bournemouth to register my protest. I could hardly believe it when I received in reply a letter from the clerk saying, “You must understand that this sewage must have come from Poole; it does not come from Bournemouth”. How we have progressed is extraordinary. It would be very unfortunate if we did not place on record our appreciation for all those in the European Union who have worked so hard to produce the legislation and rules which have enabled us to enjoy some of the best beaches in the world.

That did not happen by accident but by a great deal of co-operation and commitment within the European Union. As in other spheres, such as security and so many others, that is crucial to recognise. It is not to overuse the word to say that it is tragic that so few people recognise that in so much of this work, British officials and expertise have played such an important part in developing the policies. We have to reflect on why people with real commitment, insight and expertise found it possible to get us to the state we are in only in the context of Europe. We will, as the noble Lord, Lord Deben, said, have to work very hard not just to sustain what we have inherited but to maintain the dynamism and imagination which have come from Europe.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I refer to my interests as set out in the register and thank the Minister for his explanation and all noble Lords who have spoken this afternoon.

On water regulation in particular, as we have all heard, we have benefited over the years from robust EU regulation which has helped to drive up the quality of our drinking water, our bathing water and groundwater. It is vital that we hold on to those benefits for the future and do not allow standards to fall back through a lack of robust regulation and oversight. It is clear that a number of the themes raised in the previous debate, such as reporting and accountability, are also relevant to this SI.

At a basic level, the draft SI introduces reporting requirements on a par with those currently set out in the EU time cycle. However, as noble Lords have said, accountability ends once those reports are published and made publicly available; there is no mechanism for the requirements to be scrutinised and their failures addressed. The reports include ones on urban wastewater treatment, bathing water and nitrate pollution prevention. In these cases, it seems that Ministers become judge and jury, publishing reports and checking their compliance with the law.

In addition, in the past, derogations would be requested by the Secretary of State and approved by the EU Commission, but now, the Secretary of State seems to have the powers to request and approve them. Why does this SI not include a requirement for reports and derogations to be reviewed and assessed by one of the existing UK environmental bodies on an interim basis until the office for environmental protection is established? Indeed, given the Minister’s explanation in the debate on the previous SI, why can a separate body not be established on an interim basis and why can that not be set out in the SI?

A number of noble Lords talked about moving away from EU standards. It appears that the future application of the regulations will allow the UK to move away from parity with EU standards; I agree with the noble Baroness, Lady McIntosh, the noble Lord, Lord Deben, and others on that point. What thought has been given to the implications of this divergence? Surely we do not have to separate in every respect from what is good in the EU. Surely on a subject such as this, there is a case for retaining those standards post Brexit. What is there to prevent us doing so, given that—as the noble Lord, Lord Deben, reminded us—we owe so much to those directives, which have provided us with improvement, quality and reassurance?

Why must we leave? Why must we go through every SI, deleting “Europe” and inserting “the UK”, when it is in our interests to maintain EU standards? For example, if we do not apply the same vigour in maintaining standards of water quality, is there a danger of our exports of foodstuffs or crops to the EU being jeopardised because we could not provide the same proof of water purity, as happens elsewhere in the EU? Similarly, if we do not comply with the same authorisation for bathing water, and therefore do not utilise the EU blue flag scheme that everyone recognises, is there not a danger of us reverting to our reputation as the “dirty man of Europe”, with consequences for our tourism trade from EU visitors and for our UK bathers? Is there not a case for ongoing parity with EU rules and standards? Should we not be negotiating continued access to EU-approved mechanisms as a matter of urgency? They have stood us in good stead.

I could make a similar point about plumbing fittings. The Explanatory Memorandum makes it clear that we should no longer give “preferential treatment” to plumbing systems carrying the EU standard and that, in future, goods with British Standard fittings can be installed. What is the benefit of us having a different standard on plumbing fittings? Surely if we operate one system and the EU expects imports of plumbing equipment with the EU standard, that could jeopardise our exports. I cannot see what we will gain from that. It is one of the many ridiculous outcomes of our leaving the EU. Does it not make sense to be EU-compliant with the broadest possible bulk of our goods and services when we are not losing out in any other way? How does this SI ensure that we make the minimum necessary adjustments to our regulations while seeking ongoing parity with the EU as far as possible? I hope that the Minister can address that point.

I now turn to the loss of scientific expertise, which was raised in our previous debate and is equally concerning here. The water framework directive, for example, specifically requires that any changes to its standards should be made only in the light of the best technical and scientific expert advice. At the moment we have access to Europe-wide research and analysis to shape our decisions on such things, but in future that will not necessarily be available to us. While I do not doubt the expertise within our own scientific community, there are issues about the considerable extra workload, in terms of depth and quantity, that we will be placing on our own scientific advisers. So what steps are being taken to ensure that the scientific advice will be of the same technical and authoritative standard? Should this SI not spell out how the advisers will be selected and approved, to ensure that that is the case?

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[Lord Judd]

My Lords, the Minister made great play of the fact that we could perhaps want to go further than the European Union, but there was never any objection to us having higher standards than required in the European Union—never. That is a misconception and it is quite wrong to suggest that.

[Lord Gardiner of Kimble]

My Lords, I think that in the mood of the times on the environment and all that we have seen, whether in reference to climate change or the use of plastics, this country and the world are moving into a different phase of thinking about things that we did wrong before. Whatever happens, we in this country, with the expertise that we have, should be championing all these things. I do not think, for instance, on scientific expertise that I can do anything other than say that we have some of the world leaders in this matter. Clearly, the UK Technical Advisory Group will continue to liaise with agencies and Governments across the UK, with our European friends and with our global counterparts, precisely because, as has been said, so many of these things have a knock-on influence.

On the issue of the water supply fittings referred to by the noble Baroness, my understanding is that the amendment is to ensure that the UK will not be in breach of WTO rules. Our current legislation makes it clear that UK standards still need to be met when installing water fittings in agricultural storage products, and I stress that products from the EEA and any other country can still be used and installed if they meet the current high UK standards. That is the background.

I will look at the issue of technical omissions because I respect—as I respect all the comments that have been made—what the noble Baroness said about those. The technical omission of certain articles, including Article 10 of the water framework directive, does not impact on the functioning of the water and floods policy regime. Article 10 repeats existing obligations that are already transposed into our domestic law. We are already under- taking these obligations and will continue to undertake them as set out in our domestic law. However, I will pick up the point that the noble Baroness made.

My noble friend Lady McIntosh of Pickering asked about the procedure to change Article 20. Article 20 of the water framework directive is about the technical adoption of the directive. We will continue to co-operate effectively with our European and global counterparts to exchange the latest scientific information. We will of course also liaise with the devolved Administrations through the current UK Technical Advisory Group. She asked about cross-border issues. The Environment Agency and the Scottish Environment Protection Agency collaborate on the cross-border river basin districts in setting standards and developing river basin management plans for Solway Tweed and Northumbria. The SI amendments are operability matters. They will certainly not lead to a lowering of standards. That is not the purpose. In fact, there are no policy changes and we wish to retain our standards, if not improve them.