Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his department has assessed the extent to which water companies, as statutory undertakers with statutory monopolies, will fall within the scope of the Public Office (Accountability) Bill.

The legal framework for the provision of water and sewage services varies significantly across the UK. In England and Wales, services are delivered by private companies (including not-for-profit organisations), whilst in Scotland and Northern Ireland services are delivered by publicly owned companies. The Bill is drafted so that the duty of candour and offence of misleading the public apply to all water companies when they exercise public functions. The Code of Conduct provisions would apply to the publicly owned water companies in Scotland and Northern Ireland and their workers, but not private companies in England and Wales.

In relation to the Misconduct in Public Office offences at Part 3 of the Bill, Schedule 4 sets out a definitive list of roles which make someone a “public office holder” for the purposes of these offences. Most roles are listed specifically in the Schedule, paragraph 22 is more general. It captures “Other public bodies and offices” who fulfil three criteria: (a) the body or office is established by statute, a Minister, government department, or under the Royal Prerogative; (b) appointments to the office are made by the Crown, a Minister, or government department, or (in the case of a body) appointments to the body are wholly or mainly made in that way; and (c) in that office or body they are exercising functions of a public nature.