Water Company Performance

Debate between Rebecca Pow and Matt Western

Tuesday 21st February 2023 Commons Chamber

[Rebecca Pow]

I thank my hon. Friend for that important point. I think the incident she refers to turned out to be one of not sewage but soil. That is another issue we face and we now have targets to reduce soil sediment run-off. We do not want all that soil in our water; we need soil on the land because it is so precious. She is absolutely right about having the right data. Now, because of the increased monitoring that the Government have set under way, every storm sewage overflow will be monitored by the end of this year. It is a phenomenal project that has happened at great speed, ramping up over the last few years. It will provide us with the clear data we need, as well as monitoring upstream and downstream. Real-time monitoring will come into play. That is what we really need, so we can go on to a website, look at our home area and say, “That storm sewage overflow should not be emitting. It is not heavy rain. We have not had a massive downfall. It should not be emitting.” We will be able to go on there and truly hold the water companies to account.

[Matt Western (Warwick and Leamington) (Lab)]

I am sure the Government are well aware that the public are really upset about this issue. In my constituency people are very much disgusted by it and they do not see a market in operation. We had a 67% increase in discharges locally in the River Avon and River Leam. In Worcestershire, there was an increase of 80,000 tonnes of discharge into rivers which led to a £1.5 million fine for Severn Trent Water. Yet the chief executive got a 27% pay increase to £3.9 million. Can the Minister confirm whether chief executive pay is index-linked to discharges?

[Rebecca Pow]

I am not going to disagree with the hon. Gentleman that the discharges are unacceptable, but I would also like to say that it is because of what the Government are doing and because we have made this such a priority that it has come to light—a great deal more than it did under previous Governments. We are taking action. It is now a top priority through all the measures we have in place. The strategic policy statement to Ofwat, the targets in the Environment Act and our storm sewage overflows reduction plan—all that cumulative work—will take us on the trajectory we genuinely want and need. We still have clean and plentiful water coming out of our taps. We should not underestimate the fact that that is what the water companies are also delivering.

Oral Answers to Questions

Debate between Rebecca Pow and Matt Western

Thursday 22nd July 2021 Commons Chamber

[Rebecca Pow]

I thank my hon. Friend for that, and I do realise the challenges that people are facing in his constituency. Repairing and replacing leaking pipes is, as he points out, absolutely critical; obviously, it is particularly critical to maintaining clean, safe, reliable drinking water to our homes and businesses. Identifying those leaks is challenging, and water companies are looking at innovative ways to improve outcomes. It is really for the companies to decide how to maintain their infrastructure, but we are pushing them with the targets that have been set. To minimise the disruption caused, they are required to provide notice of planned work to customers and local authorities.

[Matt Western (Warwick and Leamington) (Lab)]

If he will make a statement on his departmental responsibilities.

Fly-tipping: Penalties

Debate between Rebecca Pow and Matt Western

Thursday 1st October 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

I congratulate my hon. Friend the Member for Peterborough (Paul Bristow) on securing this debate and raising this issue. That there is such a good turnout for a Thursday Adjournment debate demonstrates how fired up people are about this issue. My inbox demonstrates that, too; it is one of the top issues I get letters about as a constituency MP and now as the litter Minister.

I agree with all Members who have contributed to the debate that fly-tipping is unacceptable, and it is worth pointing out at the outset that it is illegal. I want to give assurances that I am committed to tackling what is basically a blight on society in every way, as has been outlined by so many so vociferously in this debate.

Of course, I sympathise with the victims of fly-tipping, plenty of whom contacted me during the lockdown, among them my own father. I grew up on a farm and he has to go out weekly to tackle incidents of fly-tipping. He recounted one again this very week, when he had to get the low-loader out and drive to a very remote track—I do not know how anybody ever found it—to retrieve another load of stuff that had been dumped there, so I certainly understand the frustrations. We all want to live in a lovely environment, and lockdown has highlighted how much we value our green space and our nature.

The Government remain absolutely committed to preventing fly-tipping, and I hope that what I am going to say will give some reassurance that measures are in place. Lots of measures have been strengthened, but there are lots more measures coming on track that I believe will help. Indeed, many of them have been mentioned by my hon. Friend, and I will touch on those shortly. Equally, however, I have discovered that, as with most things we touch in government, nothing is as straightforward as it initially appears, and it is not just a simple question of raising fines. It is more complicated than that, as I have discovered, and a lot of levers need to be in place if we really are to get to grips with this—and I really hope we do get to grips with it.

The role of central Government is very much to support local action, providing the legal framework of rights, responsibilities and powers, setting the national standards, and, where possible, making sure that the costs of dealing with fly-tipping are passed on to those responsible. I thank my hon. Friend for acknowledging that the Government have already acted. Over the past five years, the Government have given new powers to local authorities to tackle fly-tipping and strengthened those already available to them, and those include enhancing powers to search and seize vehicles of suspected fly-tippers and granting the power to issue fixed penalty notices of up to £400 to those guilty of fly-tipping and, as of January 2019 to those householders whose waste is found fly-tipped.

The levels of fixed penalty notices were set following a call for evidence, and the value of fixed penalty notices for those whose waste is found fly-tipped was confirmed during a consultation in 2018. So a lot of work went into fixing those penalties when they were raised. Fixed penalty notices provide local authorities with an efficient mechanism to hold fly-tippers to account without having to go to court, which can be time-consuming, resource-intensive and expensive.

Should a local authority take someone accused of fly-tipping to court, the sentences available to the court are severe. Upon conviction in a magistrates court, fly-tipping is punishable by a fine of up to £50,000, 12 months’ imprisonment or both, and the punishments increase to an unlimited fine, up to five years’ imprisonment or both if convicted in a Crown court. Sentences for fly-tipping offences are handed down based on the environmental offences sentences guidance published by the independent Sentencing Council.

The guidance includes, however, a requirement to consider the offender’s ability to pay. Sometimes we get the criticism that the courts are not setting high enough sanctions or fully using the penalties and fines within their powers, but there is a requirement when deciding on the severity of the sentence that consideration be given to whether the accused can afford to pay the penalty, and that sometimes leads to slightly lower penalties being imposed.

In 2018-19, 2,397 prosecutions were brought against fly-tipping offenders, which was an increase on the number for 2017-18. Of those brought to court, 2,052 were issued with a fine, which was an increase of 6% compared with 2017-18. The total value of fines issued by magistrates courts also increased to just over £1 million, which was an increase of 29% compared with 2017-18. So the figures are going up and the measures are starting to work. I know that my hon. Friend the Member for Peterborough will say that is not yet enough, but we are on the right trajectory.

[Matt Western]

Those figures are really interesting and pleasing to hear, but 3,000, which is the national figure, when compared with 12,200 for the number of cases in Warwickshire, obviously represents a very small percentage indeed. I hear the points being made across the Chamber, but of course we cannot bash local authorities because they have had significant budget cuts and face huge pressures. I would like to see them do more, as I am sure the Minister would too.

[Rebecca Pow]

The hon. Gentleman makes a good point, but there are other measures that I believe will help local authorities, and there are certain reasons why they have been unable to tackle all the incidents he mentions.

We have previously worked with the Sentencing Council to amend sentencing guidance for magistrates, but I acknowledge that the sentences handed down do not always reflect the severity of the crime committed or the costs borne by the victim. It is for this reason that the Government committed in our manifesto to increasing penalties for fly-tipping, and we acknowledged in our waste and resources strategy that there is more to do to strengthen sentences, especially in magistrates courts.

Therefore, working with our partners in the national fly-tipping prevention group, which is chaired by DEFRA, we will continue to work with the Sentencing Council and the Judicial Office to explore ways of ensuring that the penalties handed down for fly-tipping are appropriate and proportionate to the offence committed. My hon. Friend the Member for Peterborough raised this issue, and we are working on the sentencing, so this is in train.

The national fly-tipping prevention group has previously published a series of fly-tipping prevention guides, which include a recommendation for private landowners to consider installing appropriate deterrence signage and CCTV cameras, in recognition of the part that such measures can play. I thank my hon. Friend the Member for Peterborough for his suggestions. It is important to note that increasing the penalties for fly-tipping is not the only approach that can be used to tackle this unacceptable crime. As he alluded to, our waste and resources strategy sets out our commitment to prevent, detect and deter waste crime, including fly-tipping.

The Government have been significantly impacted by coronavirus, but my officials are working hard to deliver on those commitments. Even during the lockdown we continued working on the strategy and on the waste measures. This includes developing a web-based fly-tipping toolkit to help local authorities and others, working in partnership, to tackle fly-tipping. In Hertfordshire, such an approach, using measures suggested by the toolkit, has seen incidents of fly-tipping fall by 10% in the first year. I have been asked whether this is working anywhere, and this shows that some local authorities are being successful in tackling fly-tipping. Lots of those ideas have been copied. The toolkit is still being worked on but will be available shortly. We think that it will help local authorities, for example by allowing them to follow best practice from other local authorities.

I am aware that in some instances, where a fly-tipper is taken to court, it is felt that the penalty does not always reflect the crime. Therefore, the toolkit also provide advice to local authorities taking fly-tippers to court on how to present a robust case, because often they take them to court but still they do not get the correct fine. So help and advice is out there for the local authorities too, to go armed with the right data and so on, so that the magistrates or the Crown court will give out the correct penalty or fine.

We are aware that a significant proportion of fly-tippers are those who masquerade as legitimate waste carriers before illegally dumping their customers’ waste. We are therefore working to reform the waste carrier, broker and dealer regime, and the Environment Bill, which we hope will come to Committee very soon, will contain powers to introduce the mandatory electronic tracking of waste, which will obviously be subject to consultation. That will, among other things, reduce the ability of waste criminals to hide evidence of the systematic mishandling of waste, and deter illegitimate operators from entering the sector. It will help to ensure that waste is dealt with appropriately, reducing instances where waste is not tracked and drops out of the system, which unfortunately does happen. We intend to consult on these proposals in 2021.

The Bill, which we hope will receive Royal Assent in 2021, includes a number of other measures to help tackle waste crime. As well as granting the power to regulate for the creation of a mandatory electronic waste-tracking system, it will simplify the process for enforcement authorities to enter residential or abandoned premises under a warrant without having to wait seven days. The current requirement to wait seven days enables the evidence to be hidden, removed or destroyed, so that change will be genuinely helpful. A new power will also be introduced to search for and seize evidence of waste crime. So there is a lot going on.

The Bill will reduce costs and bureaucracy when the police seize vehicles involved in waste crime on behalf of the Environment Agency. It will do so by removing the current practice whereby that is automatically done on behalf of the relevant waste collection authority unless an Environment Agency officer is present, and it will allow the police to seize a vehicle on behalf of the regulator. It should speed up the process and make it quicker and more proactive.

In addition, the Bill will allow for the level of fixed penalty notices to be amended through secondary legislation, so the calls in this place for higher penalties could become a possibility through secondary legislation. So we are listening to all these comments.

These extensive new powers, which have been widely discussed with stakeholders, will aid us in our fight to ensure that waste criminals, such as illegitimate waste operators reliant on fly-tipping for income, are held accountable for their actions.

I am pleased to update my hon. Friend the Member for Peterborough on the Budget, which allocated half a million pounds in 2021 to support innovative approaches to tackling fly-tipping. We are exploring those funding opportunities and priorities right now. We are considering the role that mobile and web-based applications and research projects could play in tackling fly-tipping. As my hon. Friend mentions, our annual fly-tipping statistics currently report fly-tipping incidents recorded by local authorities, but they exclude those incidents on private land. He makes an extremely good point, which has been raised by many other people. We are therefore exploring ways that we could plug that data gap by potentially using mobile digital apps to record information. That could be extremely useful.

Before I wrap up, I want to acknowledge the incredible pressure that local authorities have been under during the coronavirus lockdown. It has been mentioned by many people, but in all honesty, I and DEFRA have been working really hard with the waste industry to get those household waste and recycling centres open—which they have done pretty quickly, considering what had hit them. They shut down initially, but they are pretty much all up and running now. I pay tribute to the whole sector, which has worked so hard.

As you can tell, Madam Deputy Speaker, I fully sympathise with hon. Members on this issue. I recognise that there are a lot concerns. The case has been very well made. I hope it is clear that extensive action is under way to cut down on unacceptable waste. There is a lot in the waste and resources strategy and the Environment Bill, and the national fly-tipping prevention group is working on all these measures. I hope that that gives a bit of reassurance that we are trying to crack down on this problem. I thank my hon. Friend the Member for Peterborough for bringing the issue to us today.

Flood Prevention: Rainwater Attenuation and Reservoirs

Debate between Rebecca Pow and Matt Western

Monday 9th March 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

Mr Speaker, it is a pleasure, as ever, to have you in the Chair for these late-night debates.

First, I congratulate the hon. Member for Warwick and Leamington (Matt Western) on securing this important debate. As he pointed out, it is very timely, given the unprecedented rainfall we have had and the frequent consequent flooding incidents. It is understandable that attention is now being given to how the impacts might be lessened, including the role that reservoirs might play in our water system. He mentioned that at the end, and I will refer to reservoirs quite significantly in my response.

First, I want to touch on the earlier points raised, which are specifically to do with housing. A great many of the issues raised are linked to the Ministry of Housing, Communities and Local Government, because planning obviously comes under that Department. However, the hon. Gentleman made some really interesting points, particularly about sustainable urban drainage. When I was a Back Bencher—I would say a lowly Back Bencher, Mr Speaker—it was actually one of my hot topics, and something I particularly spoke about and was encouraging.

Sustainable drainage schemes are now being given a great deal more attention, as I am sure the hon. Gentleman knows. In the hierarchy of the drainage system, developers are required to explore the inclusion of sustainable drainage schemes in all new developments, so we are definitely moving in that direction. The Environment Agency is working on schemes up and down the country, including some with large-scale SuDS. I visited one in Manchester recently; a huge area had been created that could flood, if necessary, to protect the nearby flats in the event of flooding. It has also turned into a lovely wildlife area and a great place to walk around. So there are lots of spin-offs and benefits.

I also want to mention rainwater harvesting. Many developments are now including rainwater harvesting—what we call grey water—and I believe we will see a great deal more of that going forward. Again, it is very much an MHCLG agenda in the planning guidance.

The question of building on floodplains was also raised. The Environment Agency comments on all applications for development on floodplains. It gives advice, but it is the local planning authorities that make the decisions about whether the housing should go forward, so it is very much a local decision and up to the local authority to have its own plans about what it thinks is correct or not. The hon. Member for Warwick and Leamington raised some good points on that agenda.

[Matt Western]

I totally accept that point, and of course it is an MHCLG responsibility, but if the planning authorities had greater powers—I fear that the power balance has shifted far too far towards the developer—we could be building at far greater densities. That would mean that there was not a requirement to build on floodplains.

[Rebecca Pow]

But it still stands that it is a local planning decision to allow building on floodplains to go ahead, and that is very much an MHCLG agenda.

I want to talk about the reservoir issue that the hon. Gentleman raised. Many people are suggesting that that provides a simple answer to some of our flooding issues and also our water supply issue, but of course they are very complex issues involving a range of stakeholders and they have to be considered in relation to how reservoirs might be managed and operated throughout the year. On that, I must give assurances that flood and coastal erosion risk management is a big Government priority now, with £2.6 billion already devoted to this area in the last spending round up to 2021 and the recent announcement, to be confirmed in this week’s Budget, of funding for flood defences of £5.2 billion. That will be helping a further 2,000 new flood and coastal defence schemes and better protect 336,000 properties across the country.

There are of course reservoirs at the moment that are used for flood risk management. The Environment Agency operates more than 200 reservoirs around the country, especially for flood attenuation. That is their purpose in life and the amount of water in them during non-flood conditions is kept deliberately low in order to maximise the storage available during high rainfall and storm events. Many of those reservoirs have been operated this winter, and, in combination with other flood defence measures in the catchment, have provided protection to a great many people.

--- Later in debate ---

[Rebecca Pow]

Water supply reservoirs play a significant role in ensuring that our communities, businesses and public services have ready access to water whenever they want and need it. Water companies must operate their reservoirs to meet that need, including making judgments on how much water each reservoir needs to hold at any time.

As we all know, our weather is not predictable: despite what we have experienced over the past month, the rain to refill reservoirs is never guaranteed. That does not mean that potential opportunities to use all our assets—including reservoirs, as I think the hon. Member for Warwick and Leamington was suggesting—for multiple benefits should not be explored. I would like to take this opportunity to recognise the work that has been done so far in this area. I am personally keen to explore it further.

The Environment Agency is working with the Department for Environment, Food and Rural Affairs, Ofwat, United Utilities and Yorkshire Water on a project to identify reservoirs that might offer flood management benefits, including exploration into the impact on water supply, safety, legal and environmental requirements. This has included Yorkshire Water’s trial of managing the level of the Hebden group of reservoirs above Hebden Bridge at 90%, which did give positive results during the winter of 2017-18. However, the dry summer of 2018 followed and the levels in the reservoir did not recover until the following April in 2019.

The trial builds on work elsewhere, including in Keswick, where Thirlmere reservoir has supported flood mitigation since September 2008 following the development of a partnership agreement between United Utilities, the Environment Agency and Keswick Flood Action Group, which has been very involved. The experience of drought and flood coming so close together underlines that further trials are needed to help to understand the impact of long-term changes to the operation of reservoirs. Any decisions made by water companies to manage water levels to account for flood risk must be based on supporting evidence—I am sure the hon. Gentleman will agree with me on that—as well as on the effective mitigation of all the risks, including the risks to water supply and the environment. Yorkshire Water has undertaken to continue its trials.

It is not just the risk of drought that might be considered. If we are to use reservoirs for flood management purposes, it is essential that the water levels are managed so as not to add to the flood risk. Drawing down a reservoir ahead of wet weather may make a contribution to the protection of properties downstream, but it is crucial that when that water is released it is done so in a timely and controlled way. We all recognise that timing is everything. To release water when the river levels are already high and the ground is saturated, as it is right now, could have the opposite effect and increase flood risk further down the catchment.

It is true that water companies are not restricted by either current legislation or Ofwat from managing their water resources to provide a range of benefits, including flood risk management. However, as I have already explained, any decision must carefully take into account how a water company can continue to meet its water supply duties as set out in the Water Industry Act 1991. As the regulator, the Environment Agency will have to consider the ability of water companies to continue to meet that duty when making decisions. It is very important to take such considerations into account. They include the funding implications, such as the possible impacts to water companies’ bills in replacing water sources or reducing the security of customers’ water supplies.

The Environment Agency will continue to support and work with the water companies and local partners to further explore this issue, recognising that any opportunities are likely to be very site-specific. I very much look forward to hearing what options might be possible, because we clearly have to think of a wider range of options for all these measures, whether it is about water supply, flood mitigation or trying to achieve both.

Be in no doubt that the Government fully recognise the concern and anxiety of communities affected by flooding, as well as those who might be affected later by drought. We understand why, on the face of it, reservoirs may appear to be an obvious solution for some communities. However, the challenges of using water supply reservoirs to manage flood risk are specific and unique and we should not assume that there are simple solutions to this complex area.

We have changing weather patterns and more frequent incidents, whether they are flooding or drought, together with our growing population and its ever-increasing demand for water—and I absolutely take on board the hon. Member’s comments about the use of water. A consultation has been done recently on water consumption and how much we are all using, with a view to each of us individually cutting down our water usage.

[Matt Western]

rose—

[Rebecca Pow]

I hope that the hon. Member has a brick in his cistern, so that he is using as little water as possible. I have.

[Matt Western]

I do not exactly have a brick in the toilet, I am afraid, but as it happens, I have grey water tanks, which we use. I appreciate the points that the Minister is making. I was staggered when I discovered that consumption figure: 22% of fresh, clean, pure water gets wasted by flushing it down the toilet. It is just ridiculous. Think about the nations around the world that do not have fresh water and here we are wasting 22% of it. Worse than that, 20% of the water supply is lost through leakage. That is staggering, is it not? I appreciate what she was saying earlier and I would very much welcome a meeting with her and my hon. Friend the Member for Halifax (Holly Lynch) to discuss these proposals.

[Rebecca Pow]

We are in agreement on a lot of these things. Down the track, we need to look at the amount of water consumed and indeed, the leakage, which many water companies now have to look at in their water plans. A great deal of work and focus is rightly going on in these areas. The hon. Member mentioned the hon. Member for Halifax (Holly Lynch), who has raised issues about the utilisation of reservoirs for flood mitigation and the drought impacts. I hope I have been clear that trials are going on in this area and hopefully some good further opportunities will come out of that. I am very happy to meet the hon. Member for Warwick and Leamington to have a conversation about rainwater harvesting, SuDS and all these issues, because they are clearly important to us all—and in agreeing to meet him, I am going to tick a big box with the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard).

This has been a very useful debate, and I thank the hon. Member for Warwick and Leamington for raising these issues, helping to inform the House on this much wider subject. I think it has added a great deal by making us all realise that there is a lot involved in this issue, whether it is flooding, drought or water consumption. It behoves us all to deal with the issue effectively and sensibly. Thank you for being in the Chair tonight, Mr Speaker.

Question put and agreed to.