Draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 Draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023

Robbie Moore Excerpts

Tuesday 5th March 2024 General Committees

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

I beg to move,

That the Committee has considered the draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024.

[The Chair]

With this it will be convenient to consider the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023.

[Robbie Moore]

Laid in draft before the House on 17 January, the regulations amend the Packaging Waste (Data Reporting) (England) Regulations 2023. Since June last year, when those regulations were first amended, there have been developments in the collection and packaging reforms, including a 12-month deferral of the full implementation of the packaging extended producer responsibility scheme, to focus on stakeholder engagement, and a delay to the Scottish deposit return scheme. Those events have caused several issues that now require amendments to producers’ data reporting obligations.

Let me turn to the details of the first statutory instrument. The regulations introduce two key changes, but I assure the Committee from the outset that the changes being introduced are not a change of policy intent; instead, they address the delay to the Scottish DRS and stakeholder concerns. First, the SI removes the exemption from data reporting on drinks containers that would have been obligated in a Scottish DRS. The delay to that scheme, combined with the exemption from the data reporting regulations, meant that 180,000 tonnes of packaging would have gone unobligated for a number of years under both the DRS and the EPR. The amendment accounts for the development and ensures that all packaging supplied in the UK will attract a recycling obligation. The new provisions will exempt this material again once a DRS is operational.

Secondly, the SI makes changes that address stakeholder feedback on the definition of household packaging. The amendments address two key aspects, which broaden the definition to allow for more packaging to be exempt from disposal fees. The first is where packaging or a packaged product is designed to be used only by a business. An example would be a 50-litre beer keg. Under the current definition, if the beer keg is sold to a wholesaler before being supplied to the pub that uses it, the packaging would have to be reported as household packaging. However, large beer kegs are unlikely to end up in household bins. Our amendments introduce an additional test, which offers producers the opportunity to exempt such packaging from being treated as household packaging.

The second change widens that business-only exemption to include packaging or a packaged product that is supplied to public institutions, such as hospitals or schools, that is unlikely to end up being disposed of in a household bin—for example, packaging for an ultrasound scanner or restricted medicines. The amendments allow for more packaging to be fairly exempted from being defined as household packaging and therefore not attract packaging EPR disposal cost fees. However, all packaging will remain subject to packaging EPR recycling obligations through the purchase of packaging recycling evidence notes from re-processors and exporters, as it is at present.

In addition to the two key changes that I have discussed, the regulations make a number of other changes. Four of the amendments were identified not long after the original regulations came into force in early 2023. We were not able to include them in the amendments midway through the 2023 data collection year as they would have retrospectively increased the obligations. We always intended to make the changes starting from the 2024 reporting year.

The first change clarifies that the packer or filler is obligated for branded packaging if the only brand on the packaging relates to the packaging itself and not the product inside. For example, if a packer puts their product in a branded Jiffy bag but does not add their own brand to it, the packer is obligated, not Jiffy.

The second change makes it clear that where ownership for imported packaging remains with an overseas producer until it is passed to the client by a third party—or a toll manufacturer—the first person to take ownership in the UK is obligated for that packaging. This could be a supermarket or wholesaler. The amendment ensures that such packaging does not go unobligated.

The third change addresses a loophole to ensure that distributor producers retain their obligations where they sell empty packaging to large producers who then sell that packaging onwards without filling it. For example, this could be a wholesaler that sells unfilled cups to small, independent coffee shops.

The fourth change is an amendment to the seller obligation. The regulations already require reporting by nation of packaging sold from a business to a consumer. The fix in the regulations will ensure that data is also reported on the nation in which packaging is sold from one business to another business. This was always the intention, and will help to enable the tracking of recycling rates in each nation individually.

In addition, we are making an amendment that will aid distributor producers in complying with the regulations in advance of the main packaging extended producer responsibility regulations coming into force later this year. It does this by placing an obligation on the Environment Agency to publish a list of all large producers that have reported data, thereby supporting them in identifying which of their customers are obligated producers in their own right.

Finally, the SI includes some minor amendments to correct the drafting, some provisions to accommodate the transition from the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, and some changes to help to avoid the reporting on one piece of packaging by two producers. The amending regulations will apply to England only, but similar amending regulations are being progressed in Wales, Scotland and Northern Ireland. My officials have worked closely with the relevant Departments in the devolved Administrations on the development of this legislation.

I turn now to the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023, which were laid before the House on 10 January this year. Litter and fly-tipping harm the environment and blight our communities. We want to see councils making the most of their enforcement powers, including by issuing fixed penalty notices to those who litter, fly-tip or pass their household waste to someone without the proper licence. Income from such fines is retained by councils and is currently ringfenced for various functions related to waste management, including sweeping, emptying bins and household waste collection. We know, however, that in a minority of councils fixed penalty receipts are absorbed into general council budgets or spent on other neighbourhood functions.

The Government believe that the revenue received through the payment of such penalties should be reinvested into expanding or improving councils’ enforcement functions and cleaning up the consequences of this antisocial behaviour. The statutory instrument achieves this goal by amending the qualifying functions on which councils can spend income from such penalties to cover enforcement and clean-up only. By improving their enforcement capabilities, councils should be able to catch more perpetrators and deter others from offending, which should lead to cleaner streets, parks and countryside. Enforcement functions could include employing more officers, investing in CCTV and signage, and improving the use of data. Clean-up functions can include collecting and disposing of litter and fly-tipping and restoring land that has been harmed.

The statutory instrument retains the ability of the Secretary of State to make provisions by future legislation about how local authorities in England use their fixed penalty receipts. Although the new ringfence will apply to councils in England only, the instrument does include consequential amendments relevant to Wales to ensure that no changes are made to how local authorities in Wales can spend fixed penalty receipts.

The statutory instrument also makes consequential amendments to the Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 to ensure that arrangements pertaining to the merging of authorities in England are not affected. Consequential amendments are also made to the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, meaning that no changes are made to how authorities can spend income from the relevant civil penalties.

To conclude, I emphasise that the measures in the first statutory instrument are crucial for enabling the effective implementation of the extended producer responsibility for packaging and realising its associated environmental benefits. The regulations in the second instrument will drive councils in England to reinvest more income from fixed penalty receipts from litter and fly-tipping into enforcement, thereby catching more offenders and keeping our communities clean. I commend the draft regulations to the Committee.

--- Later in debate ---

[Robbie Moore]

I thank the hon. Member for Newport West for her valuable contribution to the debate. Let me address some of her points and comment on the questions that have been raised.

The first SI makes amendments that will significantly extend the household packaging exemption, but we appreciate that more work may need to be done to make it go further. In developing the definition we have reviewed and engaged heavily with stakeholders, and taken into account the established schemes that have been introduced in other countries. We are not only making sure that this legislation is rolled out here, but working closely in conjunction with the devolved Administrations before the main SI is laid before this House by the UK Government. We are also working closely with stakeholders to ensure that the definition aligns with the policy aims and needs of the sector, while balancing the requirement to create an approach that is both enforceable and fair to local authorities.

The hon. Lady asked why the SI is necessary. It includes important amendments that take account of the deferral of the packaging EPR and the delay of the Scottish deposit return scheme. The amendments also take account of feedback. We have listened to stakeholders throughout the 2023 consultation and other engagement. Not making the amendments would result in, among other things, the Scottish DRS material being unfairly obligated; double reporting by producers; and packaging being classified as household packaging where evidence to the contrary is easily available. That is why the SI is necessary.

On timing, it is understandable that producers are keen to get clarity on fees. Under the extended producer responsibility packaging regulations, producer fee rates will be set and published by the scheme administrator. The fee rates for the 2025-26 financial year will not be known until the spring of 2025, once all the producer packaging data has been received and checked. However, in the meantime, to support producers, we aim to produce illustrative fees as soon as possible.

On the risk of significant non-compliance by producers, I assure the hon. Lady and all Members that we are doing all we can to make sure that producers that are obligated to comply with the regulations are in the best position to do so. We have a comprehensive programme of engagement that is reaching out to more than 10,000 organisations through webinars and newsletters. In addition, we have published guidance on the gov.uk website.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I am particularly pleased that my hon. Friend is tackling fly-tipping, which my constituents have raised with me as a problem, as well as dealing with people dropping litter. What does he expect it to cost businesses to comply with the packaging regulations? Does he expect that to put prices up?

[Robbie Moore]

As I have said, we want to put businesses in the best position possible to have an understanding of the fees that are likely to be imposed on them. That is why we aim to give out indicative fees to businesses later this year, so that they can encompass them within their business models. It will be up to them to consider how that will impact any consumer when rolled out. As a Government, we aim to get the indicative fees out to industry as soon as possible so that they can best forward plan.

The hon. Member for Newport West referred to modulated fees. We are in the process of reviewing and collating the evidence we collected in the autumn of 2023 on the 13 broad types of packaging that will be shortlisted for higher fees, and we will engage further with stakeholders on that topic in the second half of 2024.

[Ruth Jones]

I understand that the Minister is talking about preparation, but industry needs certainty and clarity now; it cannot talk about things now and then put them into place with just a couple of months’ notice. When will the DRS industry forum next meet? When will the complete packaging EPR framework be available for industry and local authorities?

--- Later in debate ---

[Robbie Moore]

I will come to the DRS shortly. We engage with industry constantly on EPR and, as I said, we are aiming to get the indicative fee structure out as soon as possible. On modulated fees, we have ongoing engagement with the sector and aim to provide further clarity in the first half of this year.

The hon. Lady asked about reusable and refillable packaging. Following feedback from stakeholders, we have decided that the initial focus of the packaging EPR will be to encourage the greater use of recyclable packaging and to complete the work of putting in place a cost-effective and efficient recycling system to ensure that recyclable packaging is recycled. Further obligations are to be introduced on the use of reusable packaging, in which all producers will be encouraged to get involved and engaged.

Before I move on to the DRS, I know that the hon. Lady asked about support for councils. From 2025, the extended producer responsibility for packaging will move the full cost of dealing with household packaging waste that is generated by households from local authorities to the businesses that handle and use packaging, applying the “polluter pays” principle. Once the packaging EPR is fully operational, the shift of cost from local authorities to producers is estimated to be in the order of £1.2 billion per year across local authorities in the UK.

The implementation of the DRS will be rolled out, and we are listening to and continue to work with industry to assess the feasibility of the implementation date as more detail on the implementation phases of the scheme is developed. I stress that it is incredibly important that we get the complete interoperability of the deposit return scheme across all nations. That work and those conversations are currently happening with the devolved Administrations.

[Ruth Jones]

The Minister is generous to give way again. He has talked up interoperability, which is crucial —we do not want glass bottles going one way across the border and plastic bottles going across the Scottish border—but when will it happen? The rumour is that it will be 2028; will the Minister confirm or deny that?

[Robbie Moore]

I will not get involved in commenting on rumours, but I can say that the announcement will be made shortly.

In May 2023, the UK Government published a position statement setting out that the deposit return scheme across the UK should be interoperable to reduce the complexity for businesses and consumers. That is key because not only does the scheme need to be completely interoperable but we need to bring consumers along with us. If a DRS scheme is to be completely operational and have the influence and impact that we as a Government want it to have, we have to bring consumers along with us, which is where we are focusing our efforts before we make any further announcements. The Department for Environment, Food and Rural Affairs is working closely and at pace with the devolved Administrations on the next steps to deliver interoperable schemes across the UK. As I say, we aim to provide more clarity on that shortly.

Let me turn to the second SI, on waste enforcement. As referred to in the anti-social behaviour action plan, the Prime Minister has made it clear that councils should take a tougher approach to enforcement and make greater use of fixed penalties. The maximum fixed penalty that councils can issue has been increased from £400 to £1,000 for fly-tipping, from £150 to £500 for littering, and from £400 to £600 for householders using an unlicensed waste carrier. I reassure the hon. Member for Newport West that the Government have published new league tables to provide transparency on how councils are using their fly-tipping enforcement powers.

As I outlined, the statutory instrument will help to drive up more income from fixed penalty receipts, which will go into the building of enforcement capability and capacity in English councils, meaning that more offenders are brought to justice. As we all know, fly-tipping is a serious crime and offenders can face significant fines and imprisonment if they are convicted in court. DEFRA is working at pace on the issue. In 2021, the National Fly-Tipping Prevention Group produced a guide on how councils and others can build robust cases for prosecutions. The average court fine has increased by 12%.

On the hon. Lady’s question about litter and fly-tipping fining for profit, fixed penalty notices should never be used to raise revenue, or to punish accidental littering or those who are trying to do the right thing, when education would be a better approach. The new, tighter ringfence will send a clear message to councils and members of the public that the penalties are not a moneymaking tool for councils, but rather a tool to help them to protect public spaces. We will provide statutory guidance on the use of litter penalties and will consider including advisory statements on fly-tipping.

To conclude, I hope that I have covered most of, if not all, the points raised—

[Ruth Jones]

The Minister is being very generous with his time. I do realise that I asked a lot of questions; would it be easier for me to write to him on certain things such as when the DRS industry forum will next meet?

--- Later in debate ---

[Robbie Moore]

I am more than happy to receive correspondence from all Members of this House, and will of course provide the response to any questions raised. I am happy to receive any questions in writing.

To conclude, I trust that Committee members understand and accept the need for the two statutory instruments, the first of which will make crucial changes to the Packaging Waste (Data Reporting) (England) Regulations 2023 that will ensure that drinks containers that are supplied in Scotland pick up an obligation in the same way that drinks containers supplied elsewhere do. The amendments will also widen the provisions that allow for some primary and shipment packaging to become exempt from being defined as household packaging. Finally, further amendments made through the regulations will provide clarification on producer reporting.

The second statutory instrument will drive councils in England to reinvest more income from fixed penalty receipts from litter and fly-tipping into enforcement, thereby catching more offenders and keeping our communities clean. I thank Members for their contributions and support. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024.

DRAFT WASTE ENFORCEMENT (FIXED PENALTY RECEIPTS) (AMENDMENT) (ENGLAND AND WALES) REGULATIONS 2023

Resolved,

That the Committee has considered the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023.—(Robbie Moore.)

South West Water

Robbie Moore Excerpts

Tuesday 5th March 2024 Westminster Hall

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

I thank my hon. Friend the Member for East Devon (Simon Jupp) for bringing the matter of the performance of South West Water before the House, which has proven to be an incredibly important debate. I am disappointed in the continued poor performance shown by South West Water and its impact on our local environment.

Recently, I undertook a tour of the south-west and heard at first hand how pollution can impact coastal communities and local economies. I want it to be clear that this Government have made improving water company performance a top priority. While performance may have improved in the 2022-23 reporting year, South West Water remains one of the worst performing companies, with a long way to go still—in particular on pollution incidents and storm overflow discharges, both of which were significantly above the industry average in 2022. That is completely unacceptable. South West Water should be under no illusion: it must take urgent steps to reduce its pollution incidents significantly, as well as addressing other performance concerns, such as increasing resilience of the water supply.

Among the concerns expressed by Members, my hon. Friend the Member for East Devon raised the issue of sewage discharge into Exmouth bathing water. I have recently had discussions with him about that, and he has written to me several times. Although the condition of the bathing water is currently classified as excellent by the Environment Agency, I wish to reassure the House that the recent incidents raised by my hon. Friend are currently being investigated by the Environment Agency. It has required South West Water to provide data and information to support its investigations. It would be inappropriate for me to comment from the Dispatch Box while this investigation is ongoing, but please rest assured that the regulator will not hesitate to hold the water company to account if a breach has occurred.

The Environment Agency is also scrutinising South West Water’s overall pollution reduction plan to ensure that the company has the right plans in place to prevent future issues. I will also be personally seeking assurance from the chief executive of South West Water, Susan Davy, that the company is doing all it can to mitigate the environmental impacts and protect bathing waters both in Exmouth and across the south-west for the sake of both the environment and public health.

I am also aware of the concerns of Members and the public following high-profile sewage spills, such as those at Harlyn bay in Cornwall. I am pleased to see that South West Water has outlined an £800,000 investment in this area by 2025 to reduce surface water ingress into the combined sewer network to help reduce storm overflow spill frequencies. However, its actions are again coming too late, following years of neglecting its civic duties. This Government will not be shy of holding the company to account.

[Richard Foord]

Would the Minister agree that the problem is not just with one single water company but with the regulatory environment in which water companies operate? That is why at last night’s #EndSewagePollution coalition meeting, which I brought together, we had present the Rivers Trust, British Canoeing, the Angling Trust, River Action UK, Swim England, Surfers Against Sewage and the Women’s Institute. Does the Minister regret being unable to attend?

[Robbie Moore]

I find it a huge misfortune that it is Lib Dem policy to get rid of one of the key regulators, Ofwat, as has been confirmed in this debate. We have just given Ofwat powers to take a much more robust approach to dividends and water company bosses’ bonuses, so I fear for the future of holding water companies to account if Lib Dem policy is get rid of it. This Government know that the industry needs to go further and faster to address these issues.

In 2022, data indicated that 6.47% of South West Water storm overflows spilled 100 times or more, which was twice the sector average. That is quite simply unsatisfactory. That is why we have introduced our storm overflows discharge reduction plan—the most ambitious plan to address storm overflows discharges in water company history, which will deliver £60 billion of capital investment by 2050 and target our most important sites, including bathing waters first.

The Government have also driven water companies to ensure that we now have 100% monitoring of storm overflows; that is up from 7% in 2010 under the previous Labour Administration. It was the last Labour Administration who brought out self-monitoring; we want to overturn that as we have better data from the roll-out of 100% monitoring.

However, I recognise the progress happening in the south-west. Indeed, I recently visited a pilot scheme at Combe Martin village with my hon. Friend the Member for North Devon (Selaine Saxby), where smart water butts and sustainable drainage had been introduced to better manage rainwater. That was having a positive impact. I commend my hon. Friend on the good work that she has been doing in her constituency, working together with her constituents and with campaign groups to ensure that a partnership-led approach can actively work on the ground when it comes to tackling sewage pollution.

[Mr Perkins]

The Minister mentioned something that some of his colleagues have referred to. Self-monitoring was either a big problem, in which case I do not know why the Government have not got rid of it in the last 14 years, or it was not. He needs to be credible about this. If he is trying to say that self-monitoring is a problem, they should have done something years ago.

[Robbie Moore]

That is why this Government have rolled out 100% monitoring of our storm overflows; once we have the data, we are able to hold failing water companies to account. That is exactly what this Government intend to do through our “Plan for Water”, which is all about more investment, stronger regulation and tougher enforcement.

I also wish to address some of the points made by my hon. Friend the Member for Newton Abbot (Anne Marie Morris) regarding South West Water’s resilience to drought, as I know many in the region experienced extended hosepipe bans. I am pleased to say that South West Water has informed us that, as of 22 February 2024, the Roadford reservoir is now at 100% capacity and Colliford is at 87%, showing significant improvement. The Environment Agency continues to work with the company on a range of new sources to improve resilience. I recently visited Hawks Tor, a former clay pit, that has been brought into the water supply to try to deal with some of those water resilience issues.

Many Members mentioned the issue of investment. Of course, addressing these concerns requires investment, and this responds to some of the points made by my hon. Friend the Member for Torbay (Kevin Foster). Following a DEFRA commission, Ofwat—which, it seems, the Lib Dems want to abolish—agreed to accelerate £128 million of funding to accelerate smart metering, build nutrient removal systems to improve river water quality and accelerate 15 storm overflow improvements in the Falmouth and Sidmouth catchments.

South West Water’s latest business plans include a significant £2.8 billion package of investment, which Ofwat is now scrutinising to ensure that it will truly deliver for customers and begin to turn its poor record around. Its commitments will also include achieving the lowest level of pollution incidence in the sector and significantly increasing water quality and water resilience by investment in new treatment works, reservoirs and tackling leakage. South West Water must now deliver on those ambitious plans, and this Government will hold it to account every step of the way. I look forward to my next meeting with the chief executive to be able to get an update on those plans.

I also wish to assure the House that the Government and our regulators, Ofwat and the Environment Agency, do not take underperformance lightly. As a result of failing to meet its performance commitments, Ofwat has directed South West Water to return £9.2 million to customers during the financial year of 2024-25, in addition to the £13.3 million returned in the financial year 2022-23. I again reiterate that, if the Lib Dems want to get rid of Ofwat, I am not quite sure who would be directing South West Water to do that.

South West Water was also instructed by Ofwat to produce a service commitment plan to demonstrate how it will meet the commitments made at the start of the current five-year price review period, and that was updated in November 2023. As I have said, I will shortly be meeting the chief executive of South West Water again to discuss progress on its plans and to hold the water company to account on its specific failures on pollution incidents.

When water companies fall short, we will not hesitate to hold them to account. Since 2015, the Environment Agency has secured fines of over £150 million, including a £2.1 million fine for South West Water in April 2023. Furthermore, under the action taken by this Government, we will be strengthening regulation to ensure that regulators have the tools to hold water companies to account. I want to thank all Members for their contributions today, and particularly my hon. Friend the Member for East Devon for bringing this important debate before the House.

[Gordon Henderson (in the Chair)]

The hon. Gentleman has one minute to wind up.

Water Pollution: East Durham

Robbie Moore Excerpts

Wednesday 21st February 2024 Commons Chamber

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

I thank the hon. Member for Easington (Grahame Morris) for securing this important debate and welcome the opportunity to respond to some the points he has made. As we all know, our waterways are a precious resource and their management is something on which this Government have been leading the way, in taking incredibly serious action against those who pollute. In April 2023, the Government introduced our “Plan for Water”, which marks a step change in how we manage our waters. This will deliver more investment, stronger regulation and tougher enforcement to tackle pollution and clean up water. The Government have also set stringent targets to tackle sewage spills, prioritising bathing waters and sites of special scientific interest just like the Durham coast SSSI.

To improve our waterways, the Government are clear that we need to hold to account robustly those who pollute, including our water companies, as customers rightly expect us to do. Yesterday we announced that we are significantly increasing our oversight of the water industry. Every water company should expect their waste water treatment sites to be regularly inspected, which includes unannounced inspections. The number of inspections will rise to 4,000 by the end of March 2025, which is a 370% increase.

Also, on 12 February the Environment Secretary announced that Ofwat will be consulting on banning water bosses receiving bonuses if a water company has committed a serious criminal breach. Ofwat will take forward a consultation to define the criteria for a ban, which could include the prosecution of a category 1 or category 2 pollution incident—such as causing significant pollution at a bathing water site location or a conservation area—or where a water company has been found guilty of a serious management failing. The ban would apply to all executive board members and the chief executive who sits on that board, and we expect it to come into effect later this year. The Government are clear that no one should be rewarded for a serious criminal breach while managing and operating a water company, should that serious breach take place on their watch. This builds on Ofwat’s announcements last year to tighten restrictions on bonuses, using powers given to the regulator through the Environment Act 2021.

Let us be clear: tougher enforcement requires more monitoring. To ensure that robust action is taken, we are holding the water industry to account on a scale that has never been seen before. This Government are driving up monitoring and transparency to ensure that the public can see what is going on, and this starts with monitoring. This Government have achieved 100% monitoring of England’s storm overflows, which is a vast improvement on the just 7% of storm overflows that were monitored under Labour in 2010. This is a major step forward in protecting our precious water bodies as well as the communities and wildlife that rely on them. Meeting this target is a significant achievement in creating positive environmental change and an ability to hold to account the water companies that pollute.

Regarding Northumbrian Water, the water and sewerage company servicing the east Durham area, I am aware that no serious pollution incidents were recorded in 2022 or 2023. However, I am aware that there has been a concerning increase in the number of pollution incidents that have taken place over a longer period. Since January 2015, Northumbrian Water has faced three prosecutions and a total of £807,000 in fines from the Environment Agency. The most recent prosecution followed two consecutive days in March 2017 of raw sewage being released from manhole chambers in Bishop Auckland, which was completely unacceptable. Northumbrian Water is one of six water companies with live cases for potential failures at sewage treatment works that may have led to unpermitted sewage discharges into the environment. I am happy to meet the hon. Member if there are other matters that he wishes to raise.

[Grahame Morris]

I thank the Minister for his response but, in terms of serious notifiable incidents, there were 184 sewage discharge water alerts in 2023, which is a huge number. I am not sure of the established definition of “serious”, but what is his view of the level of dividends being paid and of the business plans being operated by Northumbrian Water and, presumably, other privatised water companies? They are securitising assets, including Kielder Water, the biggest reservoir in western Europe, and using the proceeds to pay shareholder dividends, rather than to repair infrastructure. What is his view on that?

[Robbie Moore]

The hon. Gentleman will have noted what I said about wanting to tighten up the bonuses paid not only to chief executives but to executive board members. Earlier this year, the Government announced tighter measures, relating specifically to environmental performance, for Ofwat to be able to challenge dividends.

Last year, to tackle storm overflow discharges, we updated our storm overflow discharge reduction plan, which sets stringent targets to reduce storm overflows. It prioritises action on overflows that discharge into ecologically sensitive sites such as SSSIs, areas of outstanding natural beauty and bathing waters. It will also drive water companies to deliver their largest ever infrastructure programme, an incredible £60 billion over the next 25 years. We are already seeing many water companies accelerating their investment in increasing the assets they oversee.

Moreover, I am aware that there are three designated bathing waters on the County Durham coastline in the hon. Gentleman’s constituency: Seaham Hall, Seaham beach and Crimdon. Substantial improvements have been made to English bathing waters in recent years. Almost 90% of designated bathing waters in England met the highest standards—good or excellent—in 2023, up from 76% in 2010, and that is despite stricter standards being introduced in 2015. These bathing waters are routinely monitored by the Environment Agency during the official bathing water season from May to September.

In 2023, two of the bathing water sites in the hon. Gentleman’s constituency were classified as good, and all met the minimum standard of sufficient. However, I recognise that two had deteriorated from the previous year’s classification. The Environment Agency will investigate the reasons for that deterioration in the region’s bathing water.

We are working closely with Ofwat and the Environment Agency to ensure that they have the tools and resources they need to hold water companies to account. We have provided an extra £2.2 million a year to the Environment Agency specifically for water company enforcement activity. Furthermore, in May 2023 Ofwat announced that its enforcement capacity will be trebled following the Government’s approval of an £11.3 million budget increase.

We have legislated to introduce unlimited penalties for water companies that breach their environmental permits, and to expand the range of offences to which those penalties can be applied. For the avoidance of doubt, this includes criminal.

In our “Plan for Water” we announced the water restoration fund, which will channel environmental fines and penalties collected from the water companies into projects that improve water environment. Further details of the water restoration fund will be announced.

This Government are going further and faster than any Government to protect and enhance the health of our rivers and seas. We expect water companies, including Northumbrian Water, to use the next five-year price review period, PR24, to set bold and ambitious plans to deliver for the people and the environment. That means security of supply, cleaner rivers and beaches, fewer leaks, fewer supply interruptions, greater water resilience—so that we see a fit future for our rivers and coastal environment—and substantial improvements to tackle storm overflows. In turn, this investment will boost economic growth and create more jobs.

[Sir Chris Bryant (Rhondda) (Lab)]

On a point of order, Madam Deputy Speaker.

Thames Water: Oxfordshire

Robbie Moore Excerpts

Wednesday 7th February 2024 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Ms Bardell. I thank the hon. Member for Oxford West and Abingdon (Layla Moran) for bringing this incredibly important debate on the performance of Thames Water before the House.

Let me be clear: Thames Water’s performance is completely unacceptable, and it must take urgent steps to turn this around. Its customers deserve better, and I want to begin by assuring this House that improving the performance of all water companies, including Thames Water, and ensuring that they deliver for customers and the environment, are top priorities for this Government.

As has been raised in this debate, the performance data for Thames Water is stark. According to Ofwat, Thames Water is failing to meet its commitments to customers on eight of the 12 common performance metrics, particularly on ensuring a consistent supply of water and on its pollution instances, as the hon. Member for Oxford West and Abingdon laid out for all to see. The Environment Agency’s findings tell a similar story, with Thames Water’s environmental performance at the worst levels since 2013, with 17 serious pollution instances in 2022.

The Government and regulators do not take underperformance lightly. As a result of failing to meet its performance commitments, Ofwat has directed Thames Water to return over £73 million to customers during the financial year of 2024-25, which is in addition to £51 million returned to customers during 2022-23. There are also ongoing investigations into compliance at sewage treatment works under way by both Ofwat and the Environment Agency. While it would inappropriate for me to comment further on the specifics of those proceedings, as they are currently under way, they are a clear example of robust regulatory action to hold water companies to account by not only Ofwat but the Environment Agency.

Ofwat has directed Thames Water to produce a service commitment plan. That will require Thames Water to publicly commit to a plan for how it will start to turn its performance around. Please be assured that regulators and the Government will scrutinise those plans in detail to ensure that everything possible is being done to get the company back on track with its service delivery, environmental performance, and ensuring that customers rightly get the good supply they deserve.

[Layla Moran]

I have been meeting with Thames Water on this issue for years now, and every time we meet, it has a plan. Every time we meet, there is a new bit to the plan or the plan has progressed a little bit. I hear now that there is a new plan: what will be different about it? It is everyone’s interest in this House to get this to work. Can the Minister assure us that this plan will actually deliver what people want?

[Robbie Moore]

I want to reassure not only the hon. Lady but every Member who has customers of Thames Water that the Government will hold the water company to account through the use of the regulators—the Environment Agency and Ofwat. I will shortly meet again with the new chief executive of Thames Water, which follows a meeting that the Secretary of State and I had with the CEOs of Thames Water and other water companies very recently. It also follows on from a meeting that the previous water Minister, my hon. Friend the Member for Taunton Deane (Rebecca Pow), had back in November. We want to take all these concerns seriously and deal with surge discharges, supply interruptions and internal sewer flooding, which was also mentioned by the hon. Member for Oxford West and Abingdon.

I know that Thames Water is under no illusions as to the scale of the challenge. It has recently published its revised three-year turnaround plan to address some of the concerns raised today, and while we all understand that it will take time to turn performance around, I want to be clear that I expect to see clear and measurable progress being made by the company as swiftly as possible.

[Tim Farron]

I want to press the Minister on the point I raised with my hon. Friend the Member for Oxford West and Abingdon (Layla Moran) a moment ago. The Secretary of State, the right hon. Member for North East Cambridgeshire (Steve Barclay), said something encouraging the other week. He said it was not right that the water companies were marking their own homework in assessing the scale of the problem. Does the Minister agree with that? More importantly, will he give us some details on the testing? There are more than a dozen water company assets around Windermere, many of which are failing, but we only know that they are failing when the water companies actually do the testing. Should it not be the case that the water companies pay for the testing but leave the Environment Agency to actually do it, so that we can have confidence that the data is independent?

[Robbie Moore]

I will come on to that point as part of my speech. I also want to clarify that we only have to turn the clock back to 2010 to see that only 7% of storm overflows were monitored. For a Government and a regulator to hold water companies to account, they need 100% monitoring, which we achieved at the end of December last year. That is 100% monitoring of storm overflow discharges compared with only 7% in 2010.

I want to pick up on some of the specific points made by the hon. Member for Oxford West and Abingdon on bathing water status. I know how important this issue is, having campaigned in my constituency for a bathing water designation on the River Wharfe in Ilkley. The hon. Lady rightly raised the issue of the “poor” classification on her bathing water designation. I know the challenges of that, since my local bathing water designation is still classed as poor. As we both recognise, that is why it is incredibly important to have a specific plan to tackle improving the designations poor, sufficient, or even good, to bring them to an excellent rating.

At Wolvercote, the Environment Agency is currently undertaking a nationally funded joint bathing water investigation, both in Yorkshire and in the Thames region, including enhanced monitoring and DNA sampling. That will help the Environment Agency find the sources of bacterial pollution and develop plans specifically on a local catchment area approach to address them.

Thames Water also has a role to play in fixing the problem. That is why, as part of its business plan from 2025 onwards, it will identify and address additional actions needed to improve the quality of the bathing water site, which the hon. Member referred to. Although those business plans are subject to scrutiny by Ofwat, to ensure value for money for customers, I welcome those positive steps to protect people and the environment.

I want to pick up on some points made about data. We must remember that bathing water quality in England has improved significantly due to robust regulation and strong investment. In 2023, almost 90% of designated bathing waters in England met good or excellent standards. That was up from 76% in 2010, despite stricter standards being introduced in 2015.

To address the point on storm overflows: the frequency and duration of storm overflow discharges in the Thames region is completely unacceptable, though it would be unrealistic to suggest that the issue can be simply turned around overnight. Independent estimates show that eliminating all discharges nationally would cost between £120 billion and £600 billion, increasing water bills between £271 and £817 per annum by 2049.

Our storm overflows discharge reduction plan is the most ambitious plan to address storm overflow discharges in water company history, delivering £60 billion of capital investment by 2050. The Government have also driven water companies to ensure that 100% of storm overflows, of which there are about 15,000, have been monitored. Furthermore, our plan for water, which is delivering more investment, stronger regulation and tougher enforcement to clean up our water, makes a step change in how we will manage our waters, delivering for customer bill payers and for our environment.

I also want to pick up on supply interruptions, which the hon. Member for Oxford West and Abingdon referred to. I know that customers in Oxfordshire and the wider Thames region have experienced multiple supply interruptions, largely as a result of adverse weather, in the past 18 months. I understand how frustrating that can be for customers. Water companies must by law ensure a continuation of water supply throughout an emergency. Plans must cover a range of risks and include the provision of alternative water supplies. Those requirements are set out in the security and emergency measures direction 2022.

I wish to assure hon. Members and the House that, during any incident, the Department for Environment, Food and Rural Affairs engages closely with water companies to obtain accurate and timely updates on the scale, impact and response, to ensure incidents are being resolved as swiftly as possible, and that impacted customers—particularly vulnerable customers—have access to alternative sources of water, such as bottled water, when a supply interruption takes place.

I understand how pressing a problem this is for affected customers, particularly in the Thames region. For that reason, this is another issue I will raise directly with the chief executive when I meet him shortly, as we have done in relation to recent supply interruptions in the Reading area.

The hon. Member for Oxford West and Abingdon mentioned storm Henk. Extreme weather can also lead to sewer flooding, such as that experienced during storm Henk in January. I understand how difficult and distressing it can be for the public when sewage gets into their gardens and properties. Indeed, recently I spoke to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Newbury (Laura Farris); although her constituency is not in Oxfordshire, she has constituents who are part of the Thames Water region. We specifically talked about Lambourn in her constituency, where again Thames Water’s response to an incident has not been sufficiently robust. I expect the chief executive of Thames Water to update me on what it is doing in Lambourn when it is dealing with surface water flooding.

I want to be very clear that any sewer flooding is unacceptable and that Thames Water has reassured me that it plans to invest £1.12 billion in 250 sewage treatment works between 2025 and 2030, including those in Oxfordshire, to increase capacity to prevent sewer flooding from happening again. Ofwat will also assess internal sewage flooding inside people’s homes as a core performance commitment and where companies fall short of that metric they will be required to return money to customers under Ofwat’s outcome delivery incentives.

The hon. Member mentioned Abingdon reservoir. There is obviously a clear need for the water industry to improve the resilience of water supplies through new water resources infrastructure. Abingdon reservoir is subject to ongoing assessments, which will continue in the future, to develop the design and to understand the impacts of the scheme. Thames Water will need to ensure that any scheme that it builds will not only possess the resilience that we expect within its supply systems but has proper environmental benefits that can be demonstrated to its customers. Of course, any new development of this nature must also provide at least 10% biodiversity net gain, which again must be capable of being demonstrated.

Although the hon. Member did not mention it, I am also aware, from speaking to Members with constituencies that neighbour hers, about Witney sewage treatment works, so I will just use this opportunity, given that time permits, to provide an update on that. I am aware of the discharges from Witney sewage treatment works and the impact they have had on local communities. I share Members’ concerns about that and I want to reassure them that the Government and the regulator will take robust action on pollution incidents.

A criminal investigation into sewage discharges at Witney is currently being conducted by the Environment Agency, regarding significant sewage pollution incidents impacting the Colwell Brook and Emma’s Dyke downstream of Witney sewage treatment works. This was brought to my attention by the Solicitor General, my hon. and learned Friend the Member for Witney (Robert Courts). Although it would be inappropriate for me to comment in any detail, because this is an active investigation, there are significant consequences when water companies pollute the environment. For example, in July 2023, following an Environment Agency prosecution Thames Water was fined £3.3 million for discharging sewage that caused significant environmental impacts.

I also wish to assure the House that the Environment Agency is ensuring that treatment capacity at Witney sewage treatment works is increasing, meaning that the site will be able to treat more sewage before using its storm tanks, which will reduce the risk of pollution in the future. That work is due to be completed by 31 March 2025.

Furthermore, the Government are strengthening regulation. The Environment Agency can now use new powers to impose unlimited penalties, raising the previous cap from £250,000. This change came into effect at the end of last year and it will apply to water companies for a wider range of offences, following the Government’s changes to broaden the scope of the existing civil sanctions regime to remove the previous cap on penalties.

We are also increasing funding for the Environment Agency. Its funding was raised by both Members who have spoken today. We are providing £2.2 million per year specifically for water company enforcement activity, so that robust action is taken against illegal breaches of storm overflow permits. Both hon. Members said that the Environment Agency was not being given enough money, but I can reassure both of them and the House that, as I say, an additional £2.2 million per year is being given specifically to the Environment Agency to carry out enforcement action.

I have tried to go through all the points that have been raised, but I want to be as robust as I can. For the reasons that I have set out, it is therefore critical that all water companies, including Thames Water, clean up their act, behave transparently and take urgent action to improve their performance when they fall short. If they do not do these things, the Government will not hesitate to hold them to account.

Question put and agreed to.

Fly-tipping

Robbie Moore Excerpts

Tuesday 6th February 2024 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Paisley. I thank the hon. Member for Croydon Central (Sarah Jones) for tabling this important debate. I also thank right hon. and hon. Members for their contributions. I will pick up on the points that have been raised. I know from my own constituency, from Keighley and Ilkley, just how much of a nuisance fly-tipping can be in our areas and in relation to the wellbeing of our communities. It is an absolute disgrace that it happens as much as it does across all our constituencies, whether they are urban or rural environments. Fly-tipping harms the environment, blights our local communities and burdens our local economy. The estimated cost of fly-tipping to the UK was £392 million in 2018-19. The reports of fly-tipping are higher today. Local authorities reported more than a million fly-tipping instances in 2022-23 and over 80% of farmers say that they have been affected by fly-tipping on their land. We are all familiar with the financial implications when they are left to deal with the consequences of waste left on their property.

In recent years, we have given councils tougher powers and grants to tackle fly-tipping hotspots, and have worked with stakeholders to co-design a fly-tipping toolkit to help landowners, councils and businesses to tackle common issues. The latest statistics may show that the tide is beginning to turn, with fly-tipping on public land down for the second year running, but we know that there is much more to do.

I want to turn to some of the key themes raised in the debate, before picking up on some of the ideas that the hon. Member for Croydon Central proposed. In March last year, the Prime Minister published the antisocial behaviour action plan, which sets out the steps the Government would like to take to support councils to take tougher action to deter people from fly-tipping, and punish those who have done so.

The Department for Environment, Food and Rural Affairs has been delivering against those commitments at pace. In July, the maximum penalty councils can issue for fly-tipping was increased significantly from £400 to £1,000. We also increased the penalty for householders who gave waste to a fly-tipper from £400 to £600. That builds on other powers that councils have, such as the ability to seize vehicles suspected of being involved in fly-tipping.

[Sir Gavin Williamson]

I thank the Minister for pointing out that the amount councils can charge in a fixed-penalty fine has gone up. Would the Minister look at that, so that instead of £600 it could be £2,000 or £3,000 and is a real disincentive to fly-tipping?

[Robbie Moore]

I was about to come on to that point. My right hon. Friend makes an important point, but the challenge at the moment is that, although that power is available to many local authorities, the uptake in prosecutions is not there, even at the higher rate of £1,000. Many local authorities do not issue any prosecutions in a year. We have to ask why a power that is available to many local authorities is not being used. Rather than simply look at increasing the penalty, the first step of deterrence must be to ensure that local authorities use the powers awarded to them.

I am pleased to see that some councils such as Buckinghamshire Council and West Northamptonshire Council have begun to adopt those higher rates, showing that those crimes are being taken seriously in those areas. We want councils to make greater use of the income they receive from those penalties. From 1 April, that income will be ringfenced in law, to improve and expand enforcement capability, and clean up mess from fly-tippers. Local authorities will be able to ringfence for those offences if they wish.

We have also increased scrutiny of how councils are using those powers through the publication of our fly-tipping enforcement league tables, which are now in their second iteration. Those show that some councils are already taking the fight to these criminals. As I have said, however, some councils, with significant fly-tipping issues, are barely scratching the surface, and are not issuing any fixed-penalty notices in the first place. We have to ensure that those penalties are imposed, to create a deterrent. The Department has written to those councils, reaffirming expectations that they should take tougher action, and encouraging them to reach out to others to learn how better to tackle fly-tipping.

The overarching goals of enforcement should be to change the behaviour of those who offend and to deter others from doing so. It has been our long-standing position that penalties should never have to be used to raise revenue, but when they are utilised we expect that local authorities can ringfence those funds to help to cement our priority of reducing fly-tipping waste.

Fly-tipping is a serious crime, and offenders can face an unlimited fine and imprisonment if convicted in court. It is right that councils use the full extent of these powers to prosecute where appropriate, and we are helping them to do that effectively. We have engaged legal experts and worked with the National Fly-Tipping Prevention Group to produce a guide in 2021 on how councils and others can build robust court cases—and I am pleased to see that the average court fine has since increased by 12%. We will continue to explore other options to further strengthen sentences, such as working with magistrates and judicial colleagues, to raise awareness of the severity of fly-tipping and the harm it causes.

We are also funding councils across the country to directly intervene at fly-tipping hotspots. Across two rounds of fly-tipping grant schemes we have now awarded £1.2 million to help more than 30 councils. However, it is disappointing that some councils want to close their household waste and recycling centres. Indeed, in my own constituency of Keighley, Bradford Council wants to close a household waste and recycling centre in Ilkley, and the Sugden End HWRC in the Worth valley. The hon. Member for Somerton and Frome (Sarah Dyke) mentioned this issue as well.

I would urge local authorities to look at the negative consequences associated with fly-tipping as a result of closing household waste and recycling centres. I would urge them to keep those centres open, because the negative financial consequences could outweigh the positives.

[Sarah Dyke]

My point was that local councils are being forced to close household waste and recycling centres because of the lack of funding. Many councils are now in a financial crisis and on a cliff edge; they are having to make some very stark, difficult and heartbreaking decisions.

We know in Somerset—a very rural area—how important those household waste and recycling centres are. Closing them is the last thing the council would like to do, but it needs the funds to keep them open and ensure we prevent fly-tipping in the beautiful area we live in. I urge the Minister to consider giving councils more funding to ensure that we can keep those household waste and recycling centres open, and avoid any detriment for our countryside.

--- Later in debate ---

[Robbie Moore]

I thank the hon. Lady for her interventions, but I would add that councils need to look at the negative implications associated with the financial cost of increased fly-tipping as a result of closing household waste and recycling centres. That will be a cost to the taxpayer that local authorities should pick up. Closing household waste and recycling centres should be an absolute last resort, and it is frustrating to see that option being explored, particularly in my own area.

In addition, many councils are installing CCTV in hotspot areas, with others using funds to place physical barriers such as fencing in those areas. Case studies have been published so that councils can learn from others about where those interventions have been most successful. For example, in the area covered by Durham County Council fly-tipping has been reduced by over 60% in places where CCTV was installed on existing lighting columns, and Dover District Council has seen a 100% reduction in fly-tipping at hotspots where beautification measures, such as planters, have been installed.

That brings me to the point made by the hon. Member for Croydon Central. We need to take a partnership-led approach where we work not just with local authorities but with the police and community organisations to identify hotspot areas and ensure that we take a collective approach to tackling fly-tipping and other negative consequences, which can lead to crime in those areas. We have pledged £1 million of further support for local authorities, which will be awarded in the spring, to help even more councils to deal with this issue.

Of course, it is not all down to councils. We work with the National Fly-Tipping Prevention Group, which includes organisations such as the National Police Chiefs' Council and the Environment Agency, to identify issues and create the tools that organisations need to tackle this issue. That includes a guide on setting up and running effective local fly-tipping partnerships, drawing on the success of members such as the Hertfordshire Fly Tipping Group, where information sharing between partners allows for predictive mapping of hotspot sites, and the Kent Resource Partnership, where partnership working led to the recent closure of the Hoad’s Wood waste site due to illegal dumping. The point is that it takes all organisations working in partnership to drive down the negative implications of fly-tipping.

Members have mentioned the negative implications of fly-tipping for our rural areas, and we appreciate the difficulty and cost for landowners. Through the National Fly-Tipping Prevention Group, we work with stakeholders such as the National Farmers Union and the Country Land and Business Association to promote and disseminate good practice, including how to prevent fly-tipping on private land. However, we recognise that there is much more to do, which is why we committed in our “Unleashing rural opportunity” paper to fund a post within the National Rural Crime Unit to explore how the role of the police in tackling fly-tipping can be optimised, with a focus specifically on rural areas. That will include training for police officers and work on intelligence sharing across borders. I suspect that my right hon. Friend the Member for South Staffordshire (Sir Gavin Williamson) and others realise that there are complications when acting across borders, particularly in rural environments, and that collective sharing of intelligence is incredibly important for tackling waste crime. Yesterday I was pleased to welcome PC Phil Nock to his new role, which deals with this specific issue.

Citizens have a vital role to play in tackling fly-tipping, as nearly two thirds of such incidents involve household waste. To help people dispose of their rubbish responsibly, we recently banned charges for household do-it-yourself waste at local household waste and recycling centres, enabling householders to take DIY waste there free of charge. Householders must check the register of waste carriers to avoid giving their waste to illegal man-and-van operators, who promise quick, cheap waste collection but only go to dump their waste on private property or on our streets. Councils can fine individuals who give their waste to a fly-tipper, and I have mentioned that the cost has increased from £400 to £600. We have also worked with the National Fly-Tipping Prevention Group and communications experts within government to produce tools to help councils and others raise awareness of the household and business waste duty of care. These tools will be published in the spring and build on communication materials available on the National Fly-Tipping Prevention Group website.

Educating households and businesses about the importance of using registered waste carriers should reduce the amount of waste handled by rogue operators. As well as reducing the burden on local authorities’ budgets of cleaning up fly-tipping on public land, it could help to protect private landowners, who are also victims of fly-tipping. Our upcoming reforms to how waste carriers, brokers and dealers are regulated, and the introduction of mandatory digital waste tracking, will make it easier for regulators to identify where waste is mishandled and take action. In particular, the requirement for waste carriers to place their permit number on advertising will make it easier for the public and others to identify illegal waste operators and report them.

I want to pick up on a couple of the suggestions made by the hon. Member for Croydon Central. She mentioned a wall of shame, which I have seen operate in other local authority areas across the country. Personally, I think that is a good idea, but it is already in the gift of local authorities. As she identified, it has been utilised in Merton and other areas. That is good, because it is about holding individuals to account in their local area.

The hon. Lady mentioned mega-skip days. The only thing I would say is that we do not have control over what waste is going into the skips, and we want to encourage as many people as possible to use household waste and recycling centres. However, it may be something that local authorities want to explore in certain hotspot areas.

The Government are committed to continuing to drive down fly-tipping on our streets and in our countryside. Through tough enforcement and regulation, better education and improved infrastructure, we will put a stop to waste criminals.

Question put and agreed to.

Draft Water Industry (Special Administration) Regulations 2024 Draft Water Industry Act 1991 (Amendment) Order 2024

Robbie Moore Excerpts

Tuesday 6th February 2024 General Committees

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

I beg to move,

That the Committee has considered the draft Water Industry (Special Administration) Regulations 2024.

[The Chair]

With this it will be convenient to consider the draft Water Industry Act 1991 (Amendment) Order 2024.

[Robbie Moore]

It is a pleasure to serve under your chairmanship, Mr Vickers. The two statutory instruments are part of a package that updates the water industry special administration regime legislation. The package is made up of two commencement orders and three statutory instruments. The first commencement order was made on 11 January, and the two affirmative statutory instruments that we are debating today were laid in draft on 15 January. The second commencement order and the negative resolution statutory instrument will follow shortly after the affirmatives are debated.

The purpose of the statutory instruments is to enable the Government to facilitate a more effective water industry special administration regime. They apply both to England and to Wales, and Welsh ministerial consent has been secured where necessary. The Government already have powers in the Water Industry Act 1991 to apply to the High Court for a special administration order. However, updates are required as the current legislative regime is outdated and largely modelled on the Insolvency Act 1986, which has since been modernised. The most notable legislative updates were the Enterprise Act 2002, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (England and Wales) Rules 2016.

Updates to insolvency legislation are not automatically applied to the water industry special administration regime legislative framework. Instead, the Government must assess how to adapt the insolvency law changes to each industry-specific special administration regime, and legislation relating to those regimes is laid periodically. Recent examples are the Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 and the Energy Act 2023. It is vital that the Government are prepared for a range of scenarios, particularly regarding the continued provision of public services, which is why an updated the water industry special administration regime is so important.

The two main grounds on which a water company can enter special administration are unchanged by this legislation. Those grounds are: first, insolvency, when the company may be unable to pay its debts or its liabilities are greater than its assets; and secondly, performance, when the company has failed to carry out its statutory functions or licensed activities to such an extent that it is inappropriate for it to continue holding its appointment or licence. Under a special administration regime, customers’ water and waste water services will continue to be provided.

The draft Water Industry Act 1991 (Amendment) Order 2024 implements hive-down provisions by amending schedule 2 to the 1991 Act. Schedule 2 makes provision about transfer schemes upon the termination of an appointment or the transfer of a licence for a water industry company, and is amended by the order to include provisions about transfer schemes in cases where there is a transfer by hive-down. The amendment is necessary to ensure that the hive-down provisions commenced last month by the Flood and Water Management Act 2010 (Commencement No. 10) Order 2024 are fully operable. Hive-down is a common commercial restructuring practice to ringfence value and attract potential buyers. The amendment allows the administrator to hive down the regulated business to a subsidiary in order to protect its business and facilitate a sale process that may be more attractive to a potential buyer.

The draft Water Industry (Special Administration) Regulations 2024 will disapply and modify general insolvency provisions as they apply in relation to water companies, including licensed infrastructure providers and special administration orders made in respect of water companies under the 1991 Act. The regulations make general modifications to the 1986 Act and other enactments about insolvency provisions, alongside specific modifications to schedule B1 to the 1986 Act. The amendments adapt parts 26 and 26A of the Companies Act 2006 via specific modifications for the purpose of the water industry special administration regime, and amend section 26 of the 1991 Act and schedule 1 to the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013.

In addition, the regulations will give the Government the power to lay a negative statutory instrument in the coming weeks that will revoke the Water Industry (Special Administration) Rules 2009, replacing them with updated special administration rules for water companies based on the Insolvency (England and Wales) Rules 2016. Thus, the statutory instruments will upgrade the water industry special administration regime legislation to ensure that if a water company is ever required to go into special administration, a modern, efficient water industry special administration can be implemented.

--- Later in debate ---

[Robbie Moore]

I am grateful to the hon. Members for Kingston upon Hull West and Hessle and for Bath for their important contributions, although I must say it was good that they eventually came back on to the script, so to speak. The statutory instruments will enable the Government to facilitate a more effective and efficient water industry special administration regime, ensuring that they are prepared in all eventualities to ensure uninterrupted provision for vital public services.

Let me briefly address some of the questions and points raised by the hon. Member for Kingston upon Hull West and Hessle. Before I get into the detail, I should say that I was pleased to hear her reference self-monitoring, because that was brought in by the Labour party when it was in power, in a water industry Act. We have increased the amount of monitoring that we are doing from 7% in 2010 to the 100% that we saw rolled out in 2023.

I will get back to the point. We are taking clear and decisive action to improve water quality. Our plan for water is delivering more investment, stronger regulation and tougher enforcement for our water system, and we are clear that water companies must not profit from environmental damage. Through that plan, we will transform our management of water systems, deliver cleaner water for nature and people, and secure a plentiful water supply.

The hon. Member for Kingston upon Hull West and Hessle made reference to storm overflows, so let me clarify the amount of investment going into them. Our plan for water sets stringent targets on companies to improve storm overflows, which will drive the largest infrastructure programme in water company history, with £60 billion of capital investment over 25 years. We are clear that the volume of sewage being discharged into our waters is utterly unacceptable. However, storm overflows cannot just be switched off, as some have suggested; they are an automatic feature designed to stop sewage backing up into our properties.

We introduced the statutory instruments to update the existing regulations set in place under the 1991 Act so that, should we get to a scenario in which we need to utilise the special administration regime, we are in a position to do so. I will clarify that since privatisation the private water sector model has unlocked about £215 billion of investment; I raise that point because the hon. Member for Kingston upon Hull West and Hessle referenced nationalisation. Since privatisation that has been equivalent to about £6 billion being invested annually, which is almost double the pre-privatisation level.

[Emma Hardy]

Will the Minister give way?

[Robbie Moore]

I will carry on for now.

The hon. Lady quite rightly asked how customers may be impacted should a special administration regime be put in place. We will always act to protect customers as a priority, and any intervention that would put pressure on the public purse would be considered seriously and as a last resort. Dividends are an important part of the investor return and should provide an adequate return that reflects company performance. If a company did not pay its dividends, it would struggle to access the finances to fund investment, impacting on the service for future customers.

In each year since privatisation in 1989, investment has been greater than the dividends paid, but a sustained level of investment in the water industry will continue only if the shareholders of companies can expect a fair return. Companies must pay for new investment up front, so need to secure a large amount of funding to pay for that. To avoid customer bills increasing drastically to pay for that, companies may secure money by raising debt or equity, or through shares in the company or investors.

The hon. Lady also asked whether a company in special administration will have to adhere to the same standards as the rest of the sector. The answer simply is yes. The special administrator will manage the affairs, business and property of the company according to the same statutory obligations as any other water company.

To build on that, the hon. Lady also asked for clarity on whether a water company could be placed in special administration. In general, special administration can be applied for on insolvency grounds, when the company might be unable to pay its debts or when liabilities are greater than its assets—as I said in my opening remarks—or in instances where water companies are in serious breach of their principal statutory duties or an enforcement order.

[Emma Hardy]

The Minister mentioned the failure to fulfil statutory duties, but will he confirm whether a violation of environmental law constitutes a failure to fulfil statutory duties?

[Robbie Moore]

Every water company is specifically regulated by the Environment Agency, as well as Ofwat. The Environment Agency will have powers if water companies are owned and operating under the regime they operate under now, or should they enter special administration.

On the hon. Lady’s point about Ofwat, it is clear from Ofwat’s performance report that there has been marked decline in performance over the past year. That has been driven by company-specific factors, but also by the effects of extreme weather, including the unusually hot and dry summer we had. The Environment Agency and Ofwat have powers of enforcement, and those powers will not change under a special administration regime.

I have addressed the points that were made, so I commend the draft statutory instruments to the Committee.

Question put and agreed to.

Draft Water industry Act 1991 (Amendment) Order 2024

Resolved,

That the Committee has considered the draft Water Industry Act 1991 (Amendment) Order 2024.—(Robbie Moore.)

Dogs (Protection of Livestock) (Amendment) Bill

Robbie Moore Excerpts

2nd reading
Friday 2nd February 2024 Commons Chamber

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

I congratulate my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) on bringing forward this incredibly important debate. I thank my hon. Friend the Member for Ynys Môn (Virginia Crosbie) for her tireless commitment in terms of meeting her constituents and the work she did through her 10-minute rule Bill. The Bill builds on the work done by my right hon. Friend the Member for Ludlow (Philip Dunne) in meeting his constituents and raising their concerns, as well as that done by my hon. Friend the Member for North East Bedfordshire (Richard Fuller). It has been good to hear the many contributions throughout the debate.

When the Animal Welfare (Kept Animals) Bill was withdrawn in May last year, Ministers committed to delivering the measures in the Bill individually, and this Bill takes forward key measures on livestock worrying from that Bill. It will amend the Dogs (Protection of Livestock) Act 1953 to strengthen police powers and extend the location and species in scope of that Act. The UK has the highest animal welfare score in the G7, according to the World Animal Protection index, and some of the highest animal welfare standards in the world. I am well aware of the support that animal welfare has in this country through the volume of correspondence that I receive not only through the Department and my officials but as a constituency MP representing Keighley and Ilkley. That strength of feeling is apparent again in this debate, and the Government will fully support this important livestock-worrying Bill through Parliament.

Animal welfare continues to be a priority for this Government, and we have already delivered against a number of commitments to date. We have increased the penalties for those convicted of animal cruelty. We have announced an extension of the Ivory Act 2018 to cover five more endangered species. We have passed the Animal Welfare (Sentience) Act 2022 and launched a dedicated committee. We have made microchipping compulsory for cats and, having visited Yorkshire Cat Rescue in Keighley, I know how important that issue is. We have successfully banned glue traps. We have introduced new powers for tackling hare coursing, which my hon. Friend the Member for North East Bedfordshire (Richard Fuller) made such committed efforts to achieve. We have supported private Members’ Bills to ban both the trade of shark fins and the domestic advertising of low- animal-welfare-experiences abroad. We have protected the welfare of service animals through Finn’s law and banned commercial third-party sales of puppies and kittens, which, again, is something that all of us in this House have been contacted about via our constituents. We have also modernised our licensing system for activities such as dog breeding and pet sales. I hope that that reassures the House that the Government are working hard to take steps to further improve our already high standards on animal welfare.

The Bill builds on the Government’s ambitious programme of animal welfare reforms, and we are pleased to support it. The Government take livestock worrying incredibly seriously, recognising the distress that it can cause both animals and farmers. Livestock worrying can have awful impacts. The behaviour of dogs that chase, attack or cause distress to livestock can result in injury and even death. There are also wider psychological impacts on livestock as a result of worrying, such as that caused by abortion, which was picked up by my right hon. Friend the Member for Ludlow (Philip Dunne). These impacts go beyond the animals and their welfare. We must also be conscious of the negative implications on the health and wellbeing of our farmers who are devastatingly impacted, as well as experiencing financial loss.

The Bill amends the Dogs (Protection of Livestock) Act 1953, which underpins livestock worrying offences and enforcement. Since its introduction over 70 years ago, the number of livestock in England and Wales has doubled. Dog ownership has increased by more than 20% between 2011 and 2020. In 2021, a report by the Pet Food Manufacturers Association estimated that 33% of households in the UK now own a dog, which is another reason it is so important that we introduce this Bill now.

The all-party parliamentary group on animal welfare estimated in its 2017 report entitled “Tackling Livestock Worrying and Encouraging Responsible Ownership” that there are 34,000 incidents of livestock worrying per year in England and Wales alone. There is also the additional financial cost, with the National Farmers’ Union estimating that, in 2020 alone, the cost of livestock worrying across the UK rose by more than £100,000 to £1.3 million.

Existing legislation provides a specific offence of allowing a dog to worry livestock, with a maximum fine of £1,000. All reported crimes should be taken seriously, investigated and, where appropriate, taken through the courts and met with tough sentences. The Bill seeks to reduce instances of livestock worrying and attacking by focusing on two key areas: expanding the locations and species in scope of the offence; and strengthening police enforcement powers.

The Bill extends the scope of the 1953 Act by broadening the locations where an offence may take place to include roads and paths. This will help protect livestock when they are being moved, for example, from one enclosed field to another, such as cows going across the public highway to the milking parlour, or sheep being moved from one field to another across the public highway.

The Bill will also extend the species protected by the 1953 Act to include camelids, such as llamas and alpacas. The Alpaca Society estimates that there could be as many as 45,000 alpacas owned by its members in England, with a further 20,000 owned by non-members. The Bill will also improve the ability of the police to enforce by making provision in relation to the powers of entry, seizure and detention of dogs, and the collection of vital evidence, such as DNA from blood on a dog’s collar.

We have engaged extensively on all these measures with key stakeholders, including the livestock and farming sector, animal welfare, police and veterinary sectors. These measures are vital in tackling the issue of livestock worrying and will greatly strengthen the existing legislation to decrease instances of livestock worrying and attacking. The importance of this Bill is evident from the discussion we have had today, and I look forward to its proceeding through all stages in the House. I conclude by once again thanking my right hon. Friend the Member for Suffolk Coastal for bringing forward this crucial piece of legislation.

Oral Answers to Questions

Robbie Moore Excerpts

Thursday 1st February 2024 Commons Chamber

[Nicola Richards (West Bromwich East) (Con)]

5. What steps his Department is taking to tackle fly-tipping.

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

I know what a blight litter and fly-tipping can be on local communities, which is why we have provided nearly £1 million to help councils purchase new bins and almost £1.2 million to combat fly-tipping, while a further £1 million will be awarded in the spring. We have more than doubled the maximum fines that councils can issue, with all income from fly-tipping fines to be reinvested in enforcement and cleaning up our streets from April, to ensure that councils can invest in cracking down on crime.

[Mr Speaker]

Bring the Wombles back!

[Chi Onwurah]

My constituents’ anger and frustration with litter and fly-tipping has grown as £390 million-worth of Government cuts to Newcastle City Council’s budget has impacted on services. Children in particular complain to me about having to play in rubbish. My 15-point plan for rubbish sets out some of the additional powers councils need to address the scourge. Will the Minister meet me to discuss it, and will he back Labour’s plan for fixed penalty notices for fly-tippers?

[Robbie Moore]

This Government are taking tough action on fly-tipping, which is why we have specifically allowed councils to collect those fines and ringfence them for prosecution and cleaning up the streets. It is important to note that it is Conservative councils that are going above and beyond in dealing with the issue; Labour councils are three times worse than Conservative councils at dealing with fly-tipping crime.

[Nicola Richards]

Residents living in Cobham Road, Friar Park, in my constituency have recently experienced fly-tipping in the alleyway behind their properties. Despite this being reported by councillors four months ago, Sandwell Council has still not removed that rubbish. Apart from telling my constituents to vote Conservative in May, what further steps can the Minister take to ensure that councils fulfil their duty to remove rubbish quickly? My constituents in West Bromwich East deserve better.

[Robbie Moore]

I am disappointed to hear once again about the fly-tipping that my hon. Friend’s constituents are experiencing for the first time in Friar Park. We are giving councils extra powers to crack down on fly-tipping, but of course it is up to councils to use the powers we are giving them, and it is important to note that the Labour administration at Sandwell Council is once again the worst performing council in the country, with zero prosecutions for fly-tipping last year. That is despite this Conservative Government raising fixed penalty notices for fly-tipping from £400 to £1,000, and the Government enabling those councils—

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Hounslow Borough is plagued by fly-tipping. Despite the council using all the powers it can to address the problem, spending large amounts of money to do so, and having a good rate of recycling, fly-tipping continues. What is the Government’s timetable for responding to the Public Accounts Committee report on the Government’s programme for waste reforms?

[Robbie Moore]

We are giving councils more powers than ever before to deal with fly-tipping. We have raised the minimum penalty fine from £400 to £1,000, and are allowing councils to ringfence that money for prosecutions and cleaning up their streets. It is disappointing to see from the stats that Labour councils are not using the powers we are giving them as much as they should.

[Sir Desmond Swayne (New Forest West) (Con)]

The penalties are insufficient. If offenders were garrotted with their own intestines, there would be fewer of them.

[Robbie Moore]

It is important to note that councils can use the power that we are giving them to apply increased penalty fines of £1,000. The Government want those penalties to be used, so that we can drive down fly- tipping in all council areas.

[Tim Loughton (East Worthing and Shoreham) (Con)]

4. When his Department plans to bring forward legislative proposals to ban the sale of horticultural peat.

--- Later in debate ---

[Christian Wakeford (Bury South) (Lab)]

Springwater park in my constituency suffers from regular flooding during storms, which causes landslip and movement approaching the highway. Unfortunately, it falls outside established funding pots from schemes such as Bellwin, so we keep being bounced between the Department for Levelling Up, Housing and Communities and DEFRA. Will the Minister meet me, along with representatives of Bury Council, to see what we can do to address the problem?

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

The Government are investing in ongoing projects in the hon. Gentleman’s constituency, including the Radcliffe and Redvales flood risk management scheme, and we are doubling our investment in flood alleviation schemes from £2.6 billion to £5.2 billion over the next six-year funding round. However, I am of course happy to meet him.

[Steve Tuckwell (Uxbridge and South Ruislip) (Con)]

T5. My constituency is home to many international food and drink manufacturers, including General Mills and Coca-Cola, both of which are seeking to expand their operations here in the UK. Will my right hon. Friend update the House on the work being done to help such manufacturers to expand and grow for the benefit of our local and national economies?

[Alistair Strathern (Mid Bedfordshire) (Lab)]

Towns and villages such as Maulden and Shefford in my constituency have seen their flood risk profile change dramatically over the years, partly owing to housing growth. How will the Minister ensure that funding for the Environment Agency and internal drainage boards adequately reflects the way in which that risk has evolved?

[Robbie Moore]

Improving our flood alleviation schemes and our flood resilience is incredibly important, which is why the Government are recognising the amount of investment we need to put into it. We are doubling that investment from £2.6 billion to £5.2 billion over the next six-year period. The sorts of schemes we are helping will assist projects across the country to deal with those problems.

[Sir John Whittingdale (Maldon) (Con)]

Does my right hon. Friend recognise that drift net fishing for bass is more sustainable, targeted and efficient than fishing with set nets? Will he reconsider the ban, which was introduced as a temporary measure, in order to allow those with an existing bass entitlement to undertake drift net fishing?

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

Since April last year, thousands of homes in my constituency have suffered from a fly infestation assumed to originate from a recycling plant. Will the Minister meet me and the Environment Agency to get this resolved?

[Robbie Moore]

I am more than happy to meet the hon. Gentleman to try to deal with these issues, because for this Government dealing with waste and recycling is incredibly important. If the challenges are having an impact on householders, we need to get on top of this, and I am to meet him to discuss it.

[Jo Gideon (Stoke-on-Trent Central) (Con)]

Walleys Quarry, in the constituency of my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell), is stinking again, with monitoring stations showing high levels of hydrogen sulphide and with complaints soaring. The site is blighting my constituents too, and the Environment Agency now says the owner is no longer working towards compliance. It is long past time that the permit was revoked and the company prosecuted. Will the Minister come to Staffordshire to witness the stink and see the sorry sight for himself?

Heather Burning on Peatlands

Robbie Moore Excerpts

Tuesday 23rd January 2024 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Betts. I thank the hon. Member for Sheffield, Hallam (Olivia Blake) for securing this important debate, and giving me the opportunity to respond to some of the points that have been made.

The United Kingdom boasts some of the world’s most extensive peatlands, with nearly 3 million hectares of peatland area. That precious habitat is of huge national importance, which the hon. Member rightly identifies. Those precious habitats are vital as we protect those sites for future generations. The Government’s commitment to the protection and restoration of those habitats achieves several environmental benefits, including cutting carbon emissions, optimising biodiversity, minimising wildlife hazards and improving water and air quality.

I will dive straight into the regulations to which the hon. Member for Sheffield, Hallam referred. On 16 February 2021, the Government published the Heather and Grass etc. Burning (England) Regulations 2021 to protect blanket bog habitats in England. The regulations came into force in May of that year and were introduced to prevent burning on areas of peat of over 40 cm deep on sites of special scientific interest—SSSIs—or on special protection and conservation areas, except under licence.

The regulations were seen as a game changer in protecting peat bog areas. They limited the practice of burning on protected blanket bog, except when a licence has been granted for reasons such as wildfire mitigation or supporting peatland restoration. The regulations are a crucial step forward in meeting the Government’s nature and climate change mitigation and adaptation targets, including the legally binding commitments to reach net zero carbon emissions. Data from the moorland change map suggests a decline in burning and cutting on moorland areas since the introduction of these regulations in 2021. DEFRA, supported by Natural England, has been swift to act on breaches of these regulations, and it secured two successful prosecutions last year. The low numbers of alleged offences and successful prosecutions show that compliance with the regulations is high and that stakeholders have been receptive.

However, burning can be the right tool in the mitigation and management of heather in certain circumstances. These regulations were designed to strike the right balance between protecting our habitats from harm and ensuring that our landowners and land managers have the right tools available to better protect, restore and manage heather moorland. We also need to be mindful of wildfire mitigation, human safety, conservation, and the management of our natural environment. Burning can be necessary if the specified vegetation cannot be managed through mechanical means of preventing heather growth, given the topography of the moorland. A range of measures, including burning, must be available, and the regulations give land managers the option to seek an exemption.

I want to go deeper into the regulations. They are a means to better enhance blanket bogs and to protect these valuable landscapes that we all care so deeply about. For an applicant to be granted a licence under the 2021 regulations, they must demonstrate that they have at least tried or considered alternative methods of land management and explain why measures other than burning are not possible. They must also set out how they intend to manage the land without burning in the future, and ideally facilitate peatland restoration.

[Olivia Blake]

May I ask the Minister how many licences have been granted? If it is truly an act of last resort, it would be interesting to know those figures, given that the number of burns on sites of special scientific interest and protected landscapes continues to be high, to determine whether the regulations are protecting and meeting the needs of those areas.

[Robbie Moore]

The regulations relate specifically to SSSIs, with the additional protection measures that have been put in place. The majority of licence applications under the 2021 regulations are for the purpose of reducing the risk of wildfires. With regard to the specific detail, I am more than happy to write to the hon. Lady about the number of applications received, although not all are progressed to the grant of a licence. I am sure that she will agree that having the tools available to mitigate the risks is crucial to the protection of our landscape, habitat and communities. As she rightly pointed out, I live in a constituency with moorland, where there was a fire several years ago right up to the boundaries of Ilkley, so I know that it is important that all means of managing habitat are available.

DEFRA funds a training programme designed to consolidate knowledge, skills and understanding of vegetation fires, including wildfire incidence and prescribed fire operations. The aim is to support landowners and land managers to manage their land in a way that reduces the risk from wildfire, with the expectation that that will reduce the need to burn for such a purpose. Since the development of the 2021 regulations, more than 1,000 Lantra-accredited training modules have been completed by public and private land managers.

Restoring peatlands to a favourable condition will go a long way towards reducing the need to burn heather on land, as healthy blanket bogs pose a much lower risk of wildfire because they are wetter and have a lower fuel load. We must not forget, however—this is important—that all options are available for a land manager to explore. When heather continues to grow for many years, it comprises a heavy, woody stock, which poses its own fire risk. Therefore, with a specified burning management plan associated with many agri-environmental stewardship agreements granted via Natural England, it is important not only that those plans are adhered to, but that the relationship between Natural England and the land manager has been established, so that we can manage our peatlands as successfully as we can to reduce the risks of wildfire.

We are ramping up levels of peatland restoration through the nature for climate fund, which provides funding for the restoration of at least 35,000 hectares of peatland by 2025. A restoration grant scheme delivered by Natural England has committed financially to restoring approximately 27,000 hectares of peatland. In addition, restoration is being delivered through countryside stewardship and other Government schemes. DEFRA has also committed, through the third national adaptation programme published in July 2023, to keep the case for extending protections against burning on peat under review.

The hon. Member for Sheffield, Hallam, referred to flooding and peat restoration partnerships. Such partnerships have proved highly effective, and they are an example of stakeholders working together to restore peatland. In the north of England alone, almost 45,000 acres of moorland have been repaired and re-vegetated. I am aware that in the North Pennines area of outstanding national beauty, work to block agricultural grains through an agri-environmental stewardship scheme and a land manager working closely with Natural England has resulted in the North Pennines AONB peatland programme being awarded a climate change award at the County Durham environmental awards in 2015.

A Natural England evidence review of the effects of managed burning on upland peatland biodiversity, carbon and water concluded that no evidence had been identified relating specifically to the risk of burning for watercourse flow or downstream flood events. I therefore highlight that while Natural England has carried out that review, continued monitoring will take place.

I must also pick up on the visit of the hon. Lady to my constituency. I am not sure which moor she walked across, but if it was Ilkley moor—

[Olivia Blake]

indicated assent.

[Robbie Moore]

The hon. Lady is nodding, but she might or might not be aware that Ilkley moor is owned by the local authority, Bradford Council, and that no burning has taken place for a significant number of years. The fact that she could not find any sphagnum moss on a moor that has had no burning for a significant period of time does not help the case that she is making. In my constituency, I have visited Keighley moor—it is not owned by Bradford Council but it has a management programme in place—and seen an abundance of sphagnum moss there, which is managed by various means.

On the points that the hon. Lady made specifically regarding her constituency, she will be aware of Sheffield City Council’s work to promote sustainable land management in the Peak district to reduce burning, with the aim of improving air quality in those areas. Poor air quality is the greatest environmental threat to human health, as we all agree, and the Government recognise the need to drive down air pollution and its impacts on human health and the environment. That is why we have set up two stretching new targets for fine particulate matter—the pollutant most harmful to human health—under the Environment Act 2021. Our dual target approach will ensure reductions where concentrations are highest, as well as reducing average exposure across the country by over a third by 2040 compared with 2018, making a significant contribution to improving public health.

We need to drive down emissions across all sectors to achieve our targets, and we have set out the comprehensive and wide-ranging action that we are taking to clean up our air in the environmental improvement plan, which came into effect last year. That includes improving our regulatory framework for industry to drive innovation and tackle our air quality and net zero goals hand in hand. The continued support to local authorities, including through our £883-million nitrogen dioxide programme, will certainly help with that. That has included funding for the hon. Lady’s constituency to support the delivery of the Sheffield clean air zone and other measures to tackle NO₂ exceedances.

I recognise that the impacts of moorland burning on air quality are a concern to the hon. Lady, and for that reason she has brought this debate to the House, but I want to reiterate that moorland management has to consider all options, and the regulations that we brought in in 2021 have been well received by many stakeholders who engaged with that process. I think that we have reached a balance that can be well received by all. I want to allow the hon. Lady a chance to respond—

[Mr Clive Betts (in the Chair)]

indicated dissent.

[Robbie Moore]

Okay. I will continue with another little point—I wanted to ensure that I was doing it all correctly in this Westminster Hall debate.

I am happy to tell the hon. Lady that we are committed to exploring adding particulate matter and other air pollutant emissions from moorland practices to our national atmospheric emissions inventory. That work is currently being explored by teams at DEFRA and we will continue to look at additional evidence that is put forward. I hope that that work, as well as the 2021 regulations, provides some reassurance to the hon. Lady that the Government are taking this matter incredibly seriously, along with the £883 million that we have given to local authorities, including her own, to roll out and assist with the Sheffield clean air zone. In summary, I thank the hon. Lady for securing this debate and for raising her concerns today.

Question put and agreed to.

Storm Henk

Robbie Moore Excerpts

Monday 8th January 2024 Commons Chamber

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

The heavy rainfall following Storm Henk has affected communities across the UK, with the worst impacts being seen in widespread areas across the midlands, including in Leicestershire, Lincolnshire, Nottinghamshire and Northamptonshire; in parts of the west country, including Gloucestershire, Worcestershire and Warwickshire; and in other areas. Parts of the country had a month’s worth of rain in the first four days of January, and that rain fell on already saturated ground. Several of our biggest river systems—the Trent, Thames, Severn and Avon—saw record levels, or close to record levels, as they drained huge volumes of rain from across their catchments.

In the past few days, I have seen at first hand the devastating impacts that flooding can have on local communities. This morning, I returned from Alney island in Gloucester, which saw the third highest water levels in the last 100 years. Last week, I visited Nottinghamshire, where I met residents in Colwick with my hon. Friend the Member for Gedling (Tom Randall) and spoke to residents in Radcliffe-on-Trent with my hon. Friend the Member for Rushcliffe (Ruth Edwards), where unfortunately residents had to be evacuated to keep them safe. My thoughts are with all those who have been impacted.

Over the weekend, the Secretary of State visited flooded communities in Newark-on-Trent and Leicestershire. Together, we met farmers in Lincolnshire to see at first hand the impacts of flooding in their area. We discussed what more could be done to support agricultural businesses to prevent flooding and minimise the impacts of flooding in the future. I met Henry Ward at Short Ferry, whose farm has been completely submerged under water, and we discussed just how devastating the financial impact can be.

I also visited a primary school in Heighington, just south of Lincoln, that had been completely flooded. The headteacher, the Environment Agency, Councillor Carrington, my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) and I discussed next steps to get the school reopened and the children back into their classrooms.

The Prime Minister was in Oxford yesterday, talking to those affected and thanking the first responders for the fantastic job they have done over the past week to keep communities safe. I echo those thanks to the Environment Agency, emergency responders, local authorities, internal drainage boards and all volunteers for their tireless efforts to keep our communities safe right across the country.

This was a severe weather incident. Storm Henk caused high winds and large amounts of rain across England last Wednesday—Met Office amber and yellow warnings were in place across the country—and this was followed by heavy rainfall on already saturated ground, after a wetter than average autumn. There is now an improving picture across the country but, as we enter a dry spell, flood warnings remain in place. We will continue to monitor the situation very closely.

Since 2010, the Government have invested over £6 billion to better protect over 600,000 properties from flooding and coastal erosion. Over recent days, more than 75,000 properties have been protected as a result of the Government’s investment in flood defences. To date, unfortunately, 2,000 properties across the country are recorded as having been flooded.

In the east midlands, a major incident was declared in Colwick when the Trent peaked at over 5 metres. In Leicestershire, 350 properties were flooded, including in Loughborough. In Lincolnshire, river levels exceeded 2000’s record on the Trent at Torksey lock. In Staffordshire, we saw the highest recorded water levels in Burton-on-Trent, where the flood defences completed in June 2022 protected hundreds of properties.

The Government began planning for the elevated flood risk as soon as the Met Office forecast indicated an unsettled period of weather over Christmas and the new year. The Environment Agency started planning and preparing in the week before Christmas. River channels and trash screens were cleared to prepare watercourses for flooding, and there was continued work to repair assets following the damage caused by Storm Babet. The Environment Agency’s incident teams were double rostered, with the national duty manager leading regular planning and preparedness calls with all areas. The Environment Agency wrote to all Members of Parliament in England to provide local contacts and information for use in the event of a flood.

Over the last week, the Environment Agency issued 300 flood warnings to communities. It deployed more than 1,000 staff to affected communities, set up 125 pumps and put in place over 12 km of temporary and semi-permanent defences to protect communities. It worked closely with local resilience forums to manage the impacts on the ground. My Department has been holding daily cross-Government meetings to ensure that we are doing everything we can to minimise the impacts on our communities.

Over the weekend, the Government took swift action by activating the flood recovery framework earlier than usual to reassure people that we will step in. This support will provide immediate relief to householders, businesses and farmers affected by flooding.

Officials in the Department for Levelling Up, Housing and Communities wrote to the chief executives of the eight county councils that will be eligible, based on the data on the impacts so far: Leicestershire, Gloucestershire, West Northamptonshire, Warwickshire, Wiltshire, Nottinghamshire, Lincolnshire and Worcestershire. Others may well qualify, and we are monitoring the situation closely. Flooded households in eligible affected areas can apply for up to £500, giving them quick access to help with immediate costs. Affected households and businesses will also be eligible for 100% council tax and business rate relief for at least three months. Through the property flood resilience repair grant scheme, eligible flood-hit property owners can apply for up to £5,000 to help make their homes and businesses more resilient to future flooding.

My Department has switched on the farming recovery fund so that farmers who have suffered uninsurable damage to their land can apply for grants of up to £25,000, recognising the exceptional rainfall that has taken place. Small and medium-sized businesses, including farmers, can also apply for up to £2,500 of support from the business recovery grant to help them return to business as usual.

The Government’s UK-wide Flood Re scheme will continue to provide reinsurance for those UK households at high flood risk. Last year, that cover supported 265,000 household policies, and more than 500,000 properties have benefited since the scheme’s launch.

Outside the immediate response, the Government continue to take action to protect communities from flooding. Since 2010, we have invested more than £6 billion to better protect 600,000 properties from flooding and coastal erosion. We are on track to spend a record £5.2 billion on new flood defence schemes in the current six-year period. That is double the spend in the previous six years. It includes £100 million to support communities that have experienced repeated flooding, and last April the first 53 projects set to benefit were announced. We have made £25 million available for innovative projects that use the power of nature to improve flood protection, including actions by farmers and land managers. I will announce the successful projects shortly.

We are investing more in maintaining existing flood defences to help ensure that they are kept in good working order. The Government increased funding by £22 million a year at the last spending review, meaning that funding reached £201 million last year and £221 million this year.

The Government strengthened planning guidance on flood risk and coastal change in 2022. This asks local authorities to apply stricter criteria to new developments at risk of flooding before they are approved. In the year following that change, 99% of proposed developments complied with Environment Agency advice on flood risk.

In conclusion, working with local partners, we have acted swiftly to respond to the recent flooding and to provide funding support for the most affected. We will continue to lead the emergency response to flood incidents as they occur. At the same time, we will invest for the long term to create a nation better protected against our changing climate. I commend this statement to the House.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Opposition Front Bencher.

[Steve Reed (Croydon North) (Lab/Co-op)]

I thank the Minister for advance sight of his statement.

Storm Henk has wreaked havoc across the country: thousands of homes are severely damaged, businesses have been devastated, and farms and crops have been destroyed. My heart goes out to all those affected. I join the Minister in thanking the emergency services, the Environment Agency, local authorities and volunteers for their response, working around the clock to keep people safe.

About 2,000 properties have been flooded to date and much of the country remains under water, yet the Prime Minister does not think it is serious enough to call a Cobra meeting. The Government’s failure to act effectively against the risk of floods has cost the economy billions of pounds since 2010. The Government estimate losses to be at £1.3 billion a year on average. With one in six homes now at risk of flooding, homeowners must be horrified that the Government have done little more than stare out of the window and watch the rain come down, with the previous Secretary of State blaming the fact that it came down from the wrong direction.

While we cannot stop the rain falling, we can and should do more to protect communities, businesses and farms from the devastation of flooding. Last October, the Environment Agency found that more than 4,000 English flood defences were rated “poor” or “very poor”, while the same agency was found to have underspent the budget that had been allocated to it by £310 million. That money should have been used to protect against flood damage.

I visited Retford in Nottinghamshire and met heartbroken families who had lost everything. That town was allocated £11.7 million for flood defences two years ago, but shockingly, less than half of 1% of that money has actually been spent. The Government have clearly failed to put in place the robust co-ordination between central Government and agencies on the ground to ensure that people are kept safe in these circumstances, and devastatingly, working families are left to pick up the pieces.

Labour has proposed a Cobra-style flood resilience taskforce to make sure that communities are protected. It would meet every winter ahead of the peak season for flooding to co-ordinate flood preparation between central Government and agencies and local authorities on the ground, identifying areas most at risk and making sure that allocated funding is used to build flood defences, dig out drainage systems, dredge rivers and put in place natural flood management schemes, such as planting more trees upstream to help the land hold more water.

Enough of this Government’s sticking-plaster politics: we need to get ahead of the problem, not just clean up afterwards. Communities deserve the reassurance that if the worst happens, there is a plan in place to keep people, their homes and their businesses safe, so will the Minister explain why the Government have still not fully mapped out which communities around the UK are most at risk from flooding, so that appropriate support can be put in place? Will he confirm how much of the funding allocated for flood defences remains unspent? When do the Government intend to upgrade flood defences that are found to be in poor and very poor condition? Will the Minister update the House on what conversations are taking place with insurers so that people whose homes are at risk from flooding remain able to insure them fully? Will the Government convene a Cobra meeting to ensure that Ministers are working across all Government Departments to keep people safe?

[Robbie Moore]

Let me pick up on the shadow spokesperson’s points about Cobra. I am absolutely right in saying that the Government held a Cobra unit Cabinet Office meeting last Tuesday to promote cross-sector preparedness action, way in advance of Storm Henk taking place, and cross-Government meetings, chaired by the Department for Environment, Food and Rural Affairs as the lead Government Department for flooding, were held on many occasions last week and throughout the weekend. There has been daily contact between DEFRA and resilience partners across the Government, including the Cabinet Office and the Department for Levelling Up, Housing and Communities, and local resilience forums also had preparedness meetings and were prepared to convene strategic co-ordination groups to manage the local response. I know from my own visits last week and over the weekend just how quickly and efficiently the support has been rolling out.

I confirm to the House that since 2010 we have invested £6 billion to better protect 600,000 properties against flooding and coastal erosion. We are on track to spend £5.2 billion on flood defence schemes in the next six-year period—that is double the £2.6 billion previously allocated and it is better protecting more homes. Over the period of Storm Henk, 75,000 homes were better protected as a result of this Government’s infrastructure and the investment that we have put in place.

The Opposition refer to planting trees, but this Government go further. We recognise that planting trees is one part—a single part—of the solution, but we are going much further by doubling the amount of investment from £2.6 billion to £5.2 billion over the next spending review period. That includes £100 million to support communities that have experienced repeated flooding. The first 53 projects that are set to benefit were announced last April. Over the period of Storm Henk, we have seen the benefits of the work we did in 2022 to better protect Burton upon Trent, which had the highest water levels with the River Trent peaking. That is where our investment is working.

We are also taking swift action by rolling out the flood recovery fund, which will better protect households, businesses and farmers. That was announced this weekend and the eight chief executives of the local authorities it will benefit have already been written to.

[Philip Dunne (Ludlow) (Con)]

I congratulate the Minister and his colleagues on their prompt action and the very responsive way in which they have handled inquiries from MPs throughout the House whose constituencies have been affected.

The Minister did not mention Shropshire when he referred to those counties that have been eligible for the flood recovery framework. I assure him that the banks of the River Severn, which I know he visited in Shrewsbury around Christmas, flooded between Shrewsbury and Bewdley. Only on Friday I visited a household near Highley station in my constituency that had water up to the door handles across the ground floor. A significant number of properties are affected and I hope the Minister will consider the representations from Shropshire Council when they come through.

[Robbie Moore]

My right hon. Friend is absolutely right. Before Christmas, I visited Shrewsbury to see for myself the positive impacts that flood defences are having and to speak to Environment Agency representatives. I am well aware of and look forward meeting the caucus of 38 MPs who represent constituencies right across the River Severn channel. I reassure my right hon. Friend that I, my officials and the whole Department are in close contact with the Environment Agency. We are monitoring the situation closely. If we get to a situation where we need to expand the flood recovery fund even further, we will not hesitate to do so.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the SNP spokesperson.

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[Richard Thomson (Gordon) (SNP)]

I thank the Minister for advance sight of his statement. The thoughts of SNP Members are very much with all who have been affected by these events. I offer my thanks to the emergency services, resilience partners and everyone who has assisted in the days following Storm Henk.

As I am sure the Minister is aware, there is a lot more to this than simply announcing sums of money that will come through: it is also about delivering schemes to minimise the risk of future flooding events. Will he commit to funding and delivering flood prevention and defence measures that not only keep pace with inflation but allow communities to stand a fighting chance of getting ahead of not just the increasing risk but the increasing frequency of such storm events?

[Robbie Moore]

Of course, my thoughts go out to all those north of the border in Scotland who were impacted by the severe weather events over the Christmas period. Indeed, I was up in Angus and Fife over Christmas, and I saw for myself the challenge of getting back down on flooded roads.

The Government continue to work with devolved Administrations to ensure that a level of interaction and communication is happening. I only wish that the Scottish Government would be as proactive as we have been in getting the levels of financial support to the families, households, businesses and farmers impacted by the flooding events we have experienced south of the border.

[Mr Robin Walker (Worcester) (Con)]

I congratulate my hon. Friend on his statement. I apologise for bombarding not him but his predecessor with text messages over the weekend about the importance of getting support to businesses in Worcester.

I am very pleased to hear what my hon. Friend said about the flooding framework. May I commend to him the work being done for frequently flooded communities in particular? Just before Christmas, I was able to wield a spade and get work under way on flood defences for Toronto Close. My constituents in Diglis Avenue, who have been flooded yet again for the fourth time in about six years, will be very keen to see some funding from that pot. I urge my hon. Friend to work with the Environment Agency on any solutions that could be provided to that particular frequently flooded community.

[Robbie Moore]

There is nothing more harrowing for people than their property being repeatedly flooded. That is why I, working with colleagues in the Environment Agency, am keen to ensure that frequent-flooding funding best helps households that have been impacted. I am more than happy to continue the conversations that I have been having with my hon. Friend and neighbouring colleagues, because I know how important this matter is.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The Minister says that his thoughts and sympathies are with all those affected but, frankly, his words ring hollow. Not only are the Government are failing to protect existing properties—an estimated 4,000 flood defences were in poor or very poor condition in 2022—but worse, Ministers are actively planning to pursue energy policies that will make extreme weather events worse. We are about to debate the obscene Offshore Petroleum Licensing Bill, which would create yet more new oil and gas licences. Where on earth is the joined-up thinking? When will the Minister stop the excuses and introduce the ambitious climate policies that might just protect future flood victims, instead of just mopping things up at the end of the day?

[Robbie Moore]

Back in 2010, 40% of all energy in this country was produced from coal; now, we are at 1%. The Government are taking the reduction of emissions incredibly seriously. We were the first major economy to set a net zero target in law, and we cut our emissions by 48% between 1990 and 2021. Coupled with that, we are taking more proactive measures, including by doubling the amount of funding for improving our flood-resilience programmes from £2.6 billion to £5.2 billion, to better protect more frequently flooded communities, businesses and homeowners.

[Dr Neil Hudson (Penrith and The Border) (Con)]

I thank my hon. Friend the Minister for his statement and efforts, and I thank the Secretary of State, DEFRA and people across Government for all their work in these challenging times. I pay tribute to the Environment Agency, the emergency services, local authorities and volunteer workers for all that they do to keep people safe at this time.

My hon. Friend will know from our work together on the Environment, Food and Rural Affairs Committee that our “Rural Mental Health” report addressed the impact of extreme weather events on people’s mental health, in terms both of the anxiety about being flooded and the trauma afterwards. Can he reassure people and communities across the country that they will be supported when the blue lights leave and the waters subside?

[Robbie Moore]

I absolutely can. When I was a member of the Environment, Food and Rural Affairs Committee, my hon. Friend, I and others on the Committee did a lot of work to produce that worthwhile report. It is vital that the Government not only pay close attention to the immediate impacts caused by flooding but provide reassurance to homeowners, businesses and those in the farming community who have been affected. We must also pay attention to negative implications, such as the effect on health and wellbeing. I am keen to ensure that we deliver on the recommendations of that report.

[Andrew Gwynne (Denton and Reddish) (Lab)]

My heart goes out to all those affected by Storm Henk. Of course, over the Christmas recess we also had Storm Gerrit, which included a tornado that caused significant damage through Dukinfield and Stalybridge in Tameside. These days, these are less freak weather incidents: Tameside as a borough has been affected by wildfires on the moors, floods from the River Tame and now by a tornado. What extra capacity is the Minister, along with the Department for Levelling Up, Housing and Communities, putting into bolstering civil contingency and resilience in communities so that local government can better tackle these not-so-freak weather events?

[Robbie Moore]

It was harrowing to see that tornado in Tameside over the winter, and many of us were shocked as to the impact and stark devastation that it caused. It is important that the Government are working with devolved Administrations and local authorities. I will do exactly that across Government as well, working with my colleagues in the Department for Levelling Up, Housing and Communities to ensure that we are delivering for those one-off events rather than just for frequent occurrences such as flooding.

[Sir Edward Leigh (Gainsborough) (Con)]

I thank the Minister for visiting Short Ferry in my constituency, which has flooded several times. In conversations that I have had with farmers there in recent years, they have constantly said the same thing. They are fed up with the Environment Agency in recent decades not doing its job in clearing out the dykes so that the water can escape; it seems to be prioritising the preservation of wildlife and habitat rather than getting the dykes cleared. That is what they say, and they want proper compensation for flood plains as well. There is a National Farmers Union report on that, and I am confident that the Minister will work with the NFU to get it done right.

[Robbie Moore]

I thank my right hon. Friend for his question and for contacting me over the Christmas period to raise his concerns, not only about the farm at Short Ferry. It was good to meet his constituent Henry Ward at the weekend to see the EA asset and the implications of the water flooding his farm. I also saw on that visit how the vegetation in the River Witham and the delphs, which sit alongside it, needs attention. As my right hon. Friend will know, I am minded to look at options including dredging and removing vegetation in EA assets to ensure that we deliver a system that moves water further down the system more efficiently, which better protects our farming community. I have seen the report from the NFU and look forward to working with my right hon. Friend, his Lincolnshire colleagues and the NFU to try to get to some conclusion on that.

[Tim Farron (Westmorland and Lonsdale) (LD)]

In Cumbria, we sadly know only too well the devastating impact of extreme weather events and flooding, so I and all of us in Cumbria stand in solidarity with those reeling from the impact of Storm Henk.

I want to say something positive about the Minister’s statement and what he has said in replies about farming. The worry that I have, which I think many of us have, is that farmers are still systematically at the bottom of the priority list when it comes to tackling flood risk. Can he tell us—he can do it later if he finds that easier —how many farms have received support for managing flood risk through countryside stewardship schemes? In my area, will he agree to direct the agencies of his Department— the Marine Management Organisation, the Environment Agency and Natural England—to act swiftly to support the Lynster Farmers Group to secure action to tackle flooding that threatens farms, livestock welfare, the Grange golf club and other local businesses by allowing the channel of the River Winster to flow as it should?

[Robbie Moore]

I am happy to write to the hon. Gentleman with the detail and figures he requires, but I reassure him that the Government are taking our farmers and the impacts on agricultural land incredibly seriously. That is why this weekend we announced that farmers who have suffered uninsurable damage to their land will be able to apply for grants of up to £25,000 through the farming recovery fund. That is a step where we have gone over and above what we have done before, and that is in recognition of the fact that the ground is absolutely saturated on the back of Storm Henk, Storm Babet and the constant rainfall we have had over the winter and autumn period.

[Alicia Kearns (Rutland and Melton) (Con)]

I have been out in our villages in Rutland, Leicestershire and nearby Lincolnshire, whether that is Whitwell, Oakham, Greatford or Braceborough. We have had appalling flooding, with people evacuated from their homes, water up our waists—you name it—and boats out getting vehicles, animals and people to safety. My Conservative councillors in Rutland have called for an urgent meeting of the council, but I am concerned that Rutland was not listed in the areas to be considered. Can my hon. Friend confirm whether Rutland County Council has submitted its data to the Environment Agency? If it has not, I am gravely concerned that we are missing out on the urgent support we need. There is no doubt that Rutland should be on the priority list.

[Robbie Moore]

I thank my hon. Friend for contacting me over the Christmas period to raise the ongoing concerns in her constituency, not only from Storm Henk, but from the repeated rainfall we have had. I will look at and review all the flooded areas over and above the eight county council areas that have already been announced to make sure that we are reviewing any data. I want to ensure that we are getting data in good time so that no one—businesses, householders and farmers—is missing out on funds because sufficient data is not being provided.

[Keir Mather (Selby and Ainsty) (Lab)]

Brayton, Tadcaster and Chapel Haddlesey in my constituency have all faced awful flooding in recent weeks. Residents were left in the lurch as agencies would not take responsibility, and the fire service and local businesses, such as Campeys and UK Sandbags, have had to fill the gaps. Will the Minister consider at least the efficacy of implementing a flood resilience taskforce at some point in the future so that we can deal more pre-emptively with these flood events when they do occur, through such measures as clearing blocked drains, to give my constituents the reassurance they so desperately need?

[Robbie Moore]

I want to reassure the hon. Gentleman that we are already doing that. The Government are working closely with our Environment Agency colleagues, the local authorities and our flood resilience forums to ensure that we are doing exactly what he is asking for. The request is somewhat unnecessary because we are already doing it.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I am sure that the Minister will sympathise with my constituents who have had their homes and businesses flooded not only in the town of Tewkesbury, but down the river at Sandhurst and Longford. It has been a desperate situation, with road closures inconveniencing many people. Given that most of our problems tend to come from the fact that we are at the confluence of two main rivers—the Avon and the Severn—will the Minister have serious discussions with the Environment Agency about the potential benefits of river dredging? It is talked about an awful lot, but it needs looking at closely.

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[Robbie Moore]

Having been in Gloucestershire this morning, not too far from my hon. Friend’s constituency of Tewkesbury, I am well aware of the challenges that businesses, householders and farmers are facing in his area. I want to be clear to the House that I am open to considering all options, whether that is dredging or removing vegetation from our EA assets, because we must make sure that, in addition to increasing the budget from £2.6 billion to £5.2 billion over the next financial period to improve our flood resilience, we are looking at all options to make sure that our farmers and those who face crop loss are being impacted positively by some different measures.

[Helen Morgan (North Shropshire) (LD)]

The Minister will be aware that the River Severn, before it gets to Shrewsbury, flows through North Shropshire. We experience severe flooding every year and have done for the last three or four years, although this year was not quite so bad. I have three questions for the Minister on this topic. First, what discussions has he had with his colleagues in Wales about managing the upper Severn catchment and finalising the scheme to prevent some of that water from coming downstream in the first place? Secondly, the surface water flooding has been appalling over the last few weeks because the council does not have the money to clear the culverts and drains, so what discussions has he had with the Department for Levelling Up, Housing and Communities about that? Finally, the frequently flooded allowance requires a critical number of homes in a community to be flooded in order for it to be eligible. Why is it not available to every home that is frequently flooded?

[Robbie Moore]

Just before Christmas I made a visit to Shrewsbury and I met my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski). We discussed specifically with Environment Agency colleagues a wider plan with the 38 Members whose constituencies form the River Seven catchment area for what we can do to better protect land both upstream and further downstream. Those conversations are happening and I am engaging with that. When it comes to frequent flooding, we are always making sure that we are best protecting as many homes and businesses as possible. Again, that is illustrated by the quick action this Government took at the weekend in announcing the flood recovery scheme.

[Mark Garnier (Wyre Forest) (Con)]

Thanks to a £10 million investment and a pledge to “get Bewdley done”, the eastern bank of the River Severn in the town of Bewdley in my constituency is receiving demountable and permanent flood defences. The problem is that, during the construction, the Environment Agency is unable to put up temporary defences to protect around 30 or so houses. We are grateful in Wyre Forest to be receiving that money, but is there any more that could be done for those residences and properties that are being affected during the construction of much-needed flood defences?

[Robbie Moore]

It is incredibly important that we best protect as many properties and businesses as possible. I would welcome a conversation with my hon. Friend, if he knows of particular areas in his constituency that need a bit more focus. Working with him, the Environment Agency, his local authority, and, I am sure, neighbouring colleagues, I would love to look at a solution we can put in place to better reassure his constituents.

[Sarah Edwards (Tamworth) (Lab)]

Last week, I tried to visit residents of Tamworth villages such as Harlaston, Edingale and Elford, after the flooding of Storm Henk. I could not get to certain places in my constituency to meet them. One family had to stay overnight with family in Nottingham because they were unable to get home. These issues will only get worse each year as we face increasing climate challenges. Will the Government say what budget has been confirmed for improving flood defences in my area and when further defences will be built?

[Robbie Moore]

It is of course devastating when any community is impacted by flooding. That is why this Government have doubled the amount of funding that we are putting into flood resilience, from £2.6 billion to £5.2 billion from 2021 to 2027. We are taking action to improve our flood resilience and responding quickly to those communities that have been impacted, through the announcement we made very quickly this weekend on the flood recovery scheme. I am closely monitoring the situation to see where additional councils, if they meet the requirements, can apply for extra funding, and I will continue to do so.

[James Sunderland (Bracknell) (Con)]

The Minister will know that the Thames valley is also affected by Storm Henk. What discussions has he had or will he have with Thames Water with a view to better protecting our public health infrastructure from rainwater and floodwater and therefore limiting discharges from outflows?

[Robbie Moore]

During extremely heavy rainfall, which we have seen from not only Storm Henk, but Storm Babet and during the winter period, water companies have worked tirelessly to minimise the impact on customers and the environment. While the sheer volume of rainfall has meant that some storm overflows have automatically activated, the Government and the Environment Agency continue to monitor the situation closely. I make the point that back in 2010, only 7% of storm overflows were monitored; we are now at 100% storm overflow monitoring, which better enables us to ensure that our resources are targeted where they are most needed. That is the reassurance I want to provide to my hon. Friend and the House.

[Sarah Dyke (Somerton and Frome) (LD)]

Somerset is once again experiencing the effects of climate change at first hand, and Storm Henk was the latest catastrophic event to result in flooding across my constituency. Will provisions be introduced to help communities create their own bespoke extreme weather resilience plans in identified catchment areas?

[Robbie Moore]

It is important for all communities to work together closely, and during my visits over the last two weekends I saw some great examples of local authorities working closely with their communities. However, the Government are also taking action very quickly. We are working with the Environment Agency and with local authorities that have been affected, and through the flood resilience forums. That is how we are able to communicate as swiftly as possible with the affected communities, and how we have been able to make rapid decisions to ensure that we roll out the necessary support. The flood recovery scheme and fund have also made that possible this weekend.

[Alberto Costa (South Leicestershire) (Con)]

Happy new year, Mr Deputy Speaker.

The Minister’s welcome statement referred to the flooding of 350 properties in Leicestershire. In my constituency, Blaby, Broughton Astley, Cosby, Croft, Stoney Stanton, Sharnford and Whetstone were flooded. It was one of the worst floods experienced by those communities in South Leicestershire, and my compliments go to Blaby District Council and Councillors Les Phillimore, Maggie Wright, Ben Taylor and Mike Shirley—to name just a few—for the work they have been doing with local communities. Will the Minister write to me, as a matter of urgency, to explain what Government support is available to the villages I have mentioned?

[Robbie Moore]

Not only will I write to my hon. Friend, but I am more than happy to meet him to discuss this. It is excellent to note that his local councillors, such as Les Phillimore, are going above and beyond with the work that they are rolling out so swiftly and their interaction with their communities. I look forward to a meeting in the near future to discuss what more we can do.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his statement. I always try to be constructive in my comments. The Secretary of State for Northern Ireland has made some provision for some of the worst floods in living memory, but recent heavy rains in Northern Ireland put preventive measures such as the provision of sandbags under immense pressure. The seemingly increasing frequency of large storms calls for a more cross-departmental approach. What discussions has the Minister had with the Secretary of State for Northern Ireland about increasing financial assistance for shops, restaurants, householders and farmers there?

[Robbie Moore]

I work closely with my colleagues in the Department for Levelling Up, Housing and Communities, and indeed I have regular conversations with the Minister for Local Government, my hon. Friend the Member for North Dorset (Simon Hoare), who is sitting next to me. This is, of course, a devolved matter in Northern Ireland, but, while I am sure that we will continue to have conversations within the UK Government, I am more than happy to share any knowledge or learning with all the devolved Administrations.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

Homes, schools and fields throughout my constituency have been flooded. I thank the Secretary of State, the Minister and the chair of the Environment Agency for going there to see the damage for themselves this weekend, and to talk to local farmers. One consistent message has been that the internal drainage board is doing a good and cost-efficient job in clearing the waterways, and I thank it for that, but the other consistent message is that the Environment Agency is not doing the same: it is not clearing the vegetation and debris that have been contributing to the flooding. Will my hon. Friend consider giving funds, and responsibility for the larger waterways, to the IDB, which is doing such a great job, to help protect my constituents?

[Robbie Moore]

It was fantastic to visit my hon. Friend’s constituency at the weekend. I want to put on record my thanks to Jane Froggatt, who represents some of the internal drainage boards, and I commend the work that the boards do. In certain circumstances, they go above and beyond. It is clear, and noted at my end, that a different approach needs to be taken to Lincolnshire—which I know very well—and, as I said during my visit, I am more than happy to review what needs to be done in terms of dredging and removing vegetation from Environment Agency assets and the Delph, which we looked at. It is important that we are not only protecting urban environments, but looking after our farming community and ensuring that the land on which they rely to produce the crops that enable us all to eat the food we want to eat is protected as well as possible.

[Layla Moran (Oxford West and Abingdon) (LD)]

Barely any part of my constituency was unaffected by the floods. It is not just about the sobbing residents; it is also about the chaos caused across the roads. The A34 was shut, the Abingdon Road was shut, and children could not get to Larkmead School in Abingdon. The Environment Agency has been promising a comprehensive plan since we were flooded devastatingly in 2007, and the Oxford flood alleviation scheme is in train but there is nothing for Abingdon. Would the Minister consider meeting me to discuss why the Environment Agency’s own plan for Abingdon has recently been axed?

[Robbie Moore]

My Environment Agency colleagues are working incredibly hard across Oxfordshire. The Oxford flood alleviation scheme is in place, but I am more than happy to meet the hon. Member to discuss what further action she would like to be taken. I want to reassure her that we are working around the clock to make sure that all households, businesses and farmers are protected from the implications of Storm Henk.

[Harriett Baldwin (West Worcestershire) (Con)]

I commend the flooding Minister for his energetic response to Storm Henk, and all those who have worked so hard during this terrible weather. In West Worcestershire I have worked with his predecessors and the Environment Agency over the years to deliver schemes in Upton-Upon-Severn, Kempsey, Uckinghall, Powick and Pershore. His predecessor was kind enough to allocate money from the frequently flooded communities fund to the project in Severn Stoke and Tenbury Wells. Will he work with me and the Environment Agency to ensure that those two important schemes are delivered during his tenure?

[Robbie Moore]

I want to use this opportunity to pay tribute to the previous flooding Minister, my hon. Friend the Member for Taunton Deane (Rebecca Pow), who did tremendous work in this role. She worked hard to ensure that the frequent flood schemes were put in place as quickly as possible. My hon. Friend the Member for West Worcestershire (Harriett Baldwin) has worked very proactively to ensure that her residents are best protected from the implications of flooding. I am more than happy to meet her to work at speed to make sure that our households and businesses are as well protected as possible.

[Peter Aldous (Waveney) (Con)]

The various storms over the past three months have caused havoc on the East Anglian coast, not least in Pakefield in my constituency, where time is of the essence to prevent more homes being destroyed. However, this work is at risk of being delayed, as it is deemed urgent rather than an emergency. Will my hon. Friend do all he can to remove such red tape?

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[Robbie Moore]

I am always up for removing red tape where necessary. I commend my hon. Friend for being a doughty champion for his constituents, because I think this is the fifth time that he has mentioned Pakefield to me, not least in the Westminster Hall debate that he secured just before Christmas to discuss this issue. As he knows, I am more than happy to have a detailed conversation with him and his colleagues along the Norfolk and Suffolk coastline.

[Richard Graham (Gloucester) (Con)]

The flooding Minister visited Alney Island in Gloucester early this morning. I thank him, the Environment Agency, the city council and all who helped mitigate the situation. Some 80 homes in Gloucester have been flooded—one home is one too many, but that compares with more than 5,000 homes and businesses flooded in 2007 with very similar water levels, 48,000 people without electricity and 135,000 without drinking water for a week. The huge investment into the defences for Mythe waterworks, Walham substation, Horsbere brook and the Westgate drainage scheme, and other aspects of the Conservative Government’s Pitt review, have made a massive difference. Will my hon. Friend commit to looking closely at the Severn partnership’s proposals for a strategic new reservoir to hold back water in Wales in due course?

[Robbie Moore]

First, I thank my hon. Friend for inviting me to Gloucester this morning. It was an excellent visit to meet his residents and speak with those who have experienced flooding on Alney Island. It was clear that the investment that this Government put in place and the flood improvement measures put in place in 2006 have worked up until now, but we know the implications when the River Severn catchment is as saturated as it has been. I am willing to meet not only him but the other 38 colleagues who form the caucus, to put a strategic plan in place for the whole River Severn catchment.

[Holly Mumby-Croft (Scunthorpe) (Con)]

I thank the Minister for his very sensible comments on dredging. When does he expect some further movement on that? Can he say where he thinks the priorities should lie between protecting the farm land we need to grow our food and maintaining wildlife habitat?

[Robbie Moore]

I thank my hon. Friend for that question, because I want to make it absolutely clear that no options should be off the table. It is important that we quite rightly have nature-based solutions upstream, but also that where Environment Agency assets need dredging, we review that and consider what more could be done in that area, while ensuring that we are working with our internal drainage boards, which are doing a fantastic job. On my visit to Lincolnshire over the weekend, it was clearly communicated to me that the internal drainage boards are going above and beyond to protect our productive agricultural land. I want to reassure all those in the agricultural community that the Government will do all we can to protect productive agricultural land. It is completely unfair for a farmer to experience crop loss when that crop has been under water for 10 days and then fails. That is a huge financial loss to our farmers, who spend thousands of pounds putting that crop in place. I want to reassure my hon. Friend that we will review all options.

[Sir Robert Buckland (South Swindon) (Con)]

I thank my hon. Friend for his statement and for very promptly triggering the flood recovery network. I note that there are a number of local authorities adjacent to mine in Swindon. I want to take this opportunity to ask him to meet me to discuss whether smaller unitary authorities such as Swindon sometimes miss out. The number of incidents might be smaller, but I can tell him from my own experience as an active constituency MP that the impact is just as great.

[Robbie Moore]

Absolutely, and I thank my right hon. and learned Friend for his question. Regardless of the size of a local authority, what matters is that we protect our constituents from flooding. I am more than happy to meet him and his neighbouring colleagues to ensure that, as a Government, we deliver on protecting as many homes and businesses as possible.

[Ben Bradley (Mansfield) (Con)]

I am grateful to the Minister for his visit to various parts of Nottinghamshire this week to see the impact on many of our communities. I reiterate his thanks to the many hundreds of staff, and community flood wardens and other volunteers in our communities, who have been working around the clock in recent days. He will have seen the impact on our infrastructure locally. Part of the recovery and the prevention of future flooding impacts is about reinstating and recovering that infrastructure—not least our roads, which have taken a massive hit in recent days. I see that he is sitting beside the Under-Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for North Dorset (Simon Hoare). Could they have a conversation about how they might support local councils in reinstating that infrastructure, which will cost many millions of pounds?

[Robbie Moore]

It was a very worthwhile visit to Nottinghamshire and Nottingham at the weekend and at the end of last week to meet my hon. Friend’s councillor team, who have been incredibly proactive in delivering for many communities across Nottinghamshire. It was important for me to visit Radcliffe on Trent, where I saw park homes that had been flooded and, unfortunately, residents evacuated from their properties. I am of course willing to work with colleagues—such as the Minister for local government, my hon. Friend in his role as leader of Nottinghamshire County Council, and others—to ensure that we are delivering as best we can for properties impacted by flooding.

[Iain Stewart (Milton Keynes South) (Con)]

The recent flooding has caused significant disruption to parts of the national rail network. Will the Minister ask the Environment Agency to step up its work with Network Rail to better identify the parts of the network that are vulnerable to flooding, and to put in place the necessary prevention and resilience work?

[Robbie Moore]

I will absolutely do that. It is incredibly important that people are able to get around as efficiently as they wish to. I am well aware that many of our assets owned and managed by Network Rail have been impacted by not only Storm Henk, but Storm Babet. I will ask the Environment Agency, as will departmental colleagues, to ensure that our assets are best protected. I will also pick that up with colleagues in the Department for Transport.

[Mr Deputy Speaker (Mr Nigel Evans)]

Finally but not least, I call Tobias Ellwood.

[Mr Tobias Ellwood (Bournemouth East) (Con)]

I welcome the financial support for flood-hit communities. Storm Henk has left its mark on Bournemouth, with local flooding and damage to our roads in the form of potholes. We know that if they are not repaired swiftly, they cause more damage to cars and bikes, and cost more to repair in the long term. The good news is that Bournemouth, Christchurch and Poole Council has received £19 million to fix them, so the money is there, but the potholes are back. Will the Minister join me in encouraging the council to waste no further time in fixing them, and not to direct the money elsewhere?

[Robbie Moore]

When money has been provided by central Government, it is vital that all local authorities use it as quickly as possible. I urge my right hon. Friend’s Lib Dem alliance local authority to use that money as swiftly as possible, to ensure that his constituents are not negatively impacted.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the Minister for his statement. I have seen flooding at first hand in the Ribble Valley and know how devastating it is for everybody affected. I ask him to stay for the point of order.