Tuesday 7th January 2025

(2 days, 20 hours ago)

Lords Chamber
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Baroness Humphreys Portrait Baroness Humphreys (LD)
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My Lords, I begin by adding my thanks to fire and rescue workers for their invaluable help over these last few days. Their commitment and expertise have been exemplary. I add to that list the council workers and volunteers throughout the country who have helped in these emergencies, and in particular the Environment Agency and Natural Resources Wales for their invaluable expertise.

Yesterday morning, as a result of a rapid thaw of lying snow and extremely heavy rain overnight, the Environment Agency in England had 167 flood warnings in place, where flooding was expected, and 312 flood alerts, where flooding was possible. Trains were cancelled and roads closed. Behind these facts are stories of people: people struggling to protect their homes and defend their businesses—all in the knowledge that their lives would be affected, sometimes for years—and people struggling to get to work. My commiserations go to them too.

I come from a valley that has always flooded, and I well know the misery that such events bring. In 2009, my area was badly flooded and a flood alleviation scheme was put in place by the Welsh Assembly Government, as it was then. My town now has demountable defences, flood walls and lowered spillways on the riverbanks. It is a massive scheme and our town is protected, but sometimes the floodwaters now travel down the valley and other places are badly affected. On New Year’s Day, although my town was fine, the A470 north to Llandudno was closed because of floods. This area had never flooded before, so we know what people are going through.

However, I welcome the Statement and in particular the extra £60 million for farmers in recognition of the battle that they have with flooding on their land. I also welcome the extra funds for internal drainage boards and the opportunity to review how flood relief money is distributed.

Plenty of notice was given of severe weather so that people could be prepared but, of course, some people were not. One could argue that, where storm and flood defences were overrun, a lack of funding over the past few years for maintenance or new defences contributed to some of the problems. The Chancellor has committed to £2.4 billion of funding for flood defences over 2024-25 and 2025-26 in the Autumn Budget. This is also to be welcomed, but experience has taught us that curing one problem can create another downriver: it is a never-ending battle against flood water. What plans do the Government have to commit substantial funding for flood defences past 2025-26?

Baroness Hayman of Ullock Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)
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My Lords, I join the noble Lord, Lord Roborough, and the noble Baroness, Lady Humphreys, in thanking all the people who responded and supported local communities during these floods. There have been many volunteers from the communities, such as farmers—in my community, it was a farmer who came and helped out—as well as the emergency services, the Environment Agency, Natural Resources Wales and so on. Without the extraordinary response that we always get from local communities and our emergency services, things would be so very much worse. Our thanks go out to them.

The Government recognise the terrible impact that flooding has on householders and businesses, and we absolutely sympathise with all those who have been affected over the last week or so. We know that flooding has a devastating effect, whether that is physical damage or disruptions to daily activities. There are also impacts on health, particularly mental health, for those who suffer from flooding.

The noble Lord, Lord Roborough, asked about insurance. This is always a difficult issue once you have been flooded. It is really important that Flood Re exists in the first place. It has made a huge difference over the past few years for those who have struggled to get insurance. As the noble Lord said, we do not currently have any plans to extend its scope, but it will be part of our review of all policies, because there are clearly concerns about those who do not come under Flood Re, whether multiple occupancy homes, businesses or properties built after 2009. If colleagues have examples where properties, particularly those built after 2009, have suffered, I would be very happy to take examples so that, as we review, we have clear evidence in front of us.

We need to consider how we best support households. When Flood Re came in, its scope for eligibility and its duration were agreed alongside government and industry. It is really important that industry supports what government is doing in this space. Any changes to the scope of the scheme have to be consistent with the original agreement and premises that came through with industry—but, clearly, we will keep this under review.

The impact of flooding on farming was mentioned. I thank the noble Baroness for her support for the £60 million that we have distributed to 13,000 farm businesses through the farming recovery fund. In the floods investment programme, the amount of funding a project can attract will depend on the damages that it will avoid and the benefits that it will then deliver. The impact of the project on agricultural land is also included as part of any funding calculator.

We are also looking at reviewing the existing funding formula, which is really important because it has not worked for lots of different people and communities. We will review it to ensure that the challenges businesses and rural and coastal communities face are adequately taken into account. We are looking to open the consultation on that very soon; noble Lords may wish to input into it.

The noble Lord, Lord Roborough, asked about dredging. On average, the Environment Agency spends between £30 million and £45 million a year on river maintenance, which enables it to dredge approximately 60 kilometres to 200 kilometres of main river watercourses every year. Where watercourse maintenance is the responsibility of the Environment Agency, it focuses its efforts on those activities that will achieve the greatest benefit in protecting people and property from flooding, therefore delivering the best value for money—that includes dredging. The assessment is undertaken by the Environment Agency, working in close consultation with local communities. It is important to remember that dredging is unlikely to be effective in isolation and is usually part of a wider approach because the silt can easily build up again.

The Floods Resilience Taskforce was mentioned. It met for the first time in September and is due to meet this year. There are 27 attending organisations, so it is comprehensive in its approach. At the first meeting there was a shared understanding of the weather and flood risk of the current winter to ensure we can be as prepared as we possibly can. It is important that we have a better awareness of EA flood asset conditions across England. There was also an agreement to share lessons from flood response from all tiers of government and with flood responders. Clearly, what we have just been through will be an important part of the next meeting of the Floods Resilience Taskforce.

The task force provides Ministers from Defra, MHCLG and the Cabinet Office with a combined overview of flood resilience, along with flood risk organisations and charities—flood insurance, for example. Although it is devolved, Wales, Scotland and Northern Ireland are standing members. The idea is that it will learn from this instance so that next time we continue to build on how we can best prepare for the future.

The noble Baroness, Lady Humphreys, talked about flooding caused by displacement. That is a really difficult issue, which is why any response we provide is not just about building barriers but about looking at bigger, broader support mechanisms, whether that means bringing in balancing ponds, for example, or better surface water flooding assessments. We have to look at this in the round; building higher only pushes water out.

Lord Carlile of Berriew Portrait Lord Carlile of Berriew (CB)
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Does the Minister agree that the insurance industry is guilty of egregious delays in paying legitimate claims, and that this is a significant issue that is leading to people who are properly insured with enforceable contracts being forced to sue their insurance companies? For example, is she aware of the delay in compensating 100 shopkeepers for the damage caused by flooding in Newry in Northern Ireland early last year? Does she agree that the Government should have a word with the insurance industry to ensure that they become more efficient in this area?

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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I am not aware of the specific incident the noble Lord referred to but if he would like to share the details with me, I would be happy to take a look at it. It is important that we do not tar all insurance companies with the same brush. Some are much better than others. They are not all part of the Flood Re system, for example, although the majority are. The incident the noble Lord referred to is clearly to do with business, which is different from Flood Re. There are particular challenges in managing flood insurance for businesses.

Lord Deben Portrait Lord Deben (Con)
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Given that we are likely to have more and more occasions like this because of climate change, does the Minister acknowledge that the previous Government were strongly criticised by the Climate Change Committee for not producing a proper five-year programme for what should be done about resilience? In those circumstances, can she remind the House what the present Government will do to fill that gap and to produce a new report that will say how they will deal with this issue over the next five years?

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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The noble Lord asks an important question, because future resilience is going to be critical, particularly as we will have more incidents such as this due to climate change. That is why it is so important that we have set up the Floods Resilience Taskforce. The idea behind that is to bring together everybody who has a genuine understanding and a mutual interest in trying to resolve these issues for the long term, not just for the short term. Part of the problem is that often we have looked at short-term solutions. Part of the work of the Floods Resilience Taskforce is to get a better understanding so we can build exactly the kind of long-term plans that the noble Lord is talking about.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone (Lab)
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I welcome the Minister’s Statement, but I have some questions that are relevant to the fact that the noble Lord just mentioned, which is that extreme weather events are becoming more extreme and more frequent. We are going to be building many more houses in the future, and the rules on housing development in the flood plain or in areas of high flood risk are simply not working at the moment. Each annual report shows a small number of developments in the flood plain going ahead against Environment Agency advice, but that gives a false impression, because in reality many more new properties are being built in the flood plain that are at real risk of flooding. Does the Minister agree that rules about development in the flood plain or in areas of high surface water flooding risk urgently need to be reviewed? Will she commit to do so to make sure that the planned major programme of housebuilding is not simply putting more and more people and properties at risk?

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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Clearly, we have planning legislation coming forward. One thing we are doing in Defra is working closely with MHCLG around the future development of planning, particularly as we have ambitious plans for building a large number of homes that are so desperately needed. As part of the new home strategy that we have at the moment, we have committed to ensure that we are building more high-quality, better-designed, sustainable homes and creating places that increase climate resilience and promote nature recovery. It is important that, when we plan, we also look at the impact on the environment, and that clearly includes the impact on flooding.

The Government are committed to consider whether changes are required to manage flood risk, coastal change and sustainable drainage systems provision through the planning system when we consult on further planning reform, including a set of national policies that are related to decision-making in this area. Where development needs to be in locations where there is a risk of flooding because no alternative sites are available, we are stressing that developments should be flood resilient and resistant, safe for a lifetime and should not increase flood risk overall. The problem you can have is that, if you do not look at this properly in the round, you can build a house that potentially could flood, so you put in place resilience measures and, as the noble Baroness said, they push the water on to another estate that has not flooded before. So it is really important that we look at this carefully in the round.

Baroness Sheehan Portrait Baroness Sheehan (LD)
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My Lords, can the Minister update the House on when we can expect to see the land use framework that has been much delayed? It will shed some light on the competing priorities for land, including flood plains.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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I am hoping that we will see it very soon. The target we are working to is that we are hoping to see it some time later this month.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, would the Minister like to take this opportunity to renew her commitment to not building on functional flood plains, such as zone B, which she was kind enough to support in an amendment in my name to an earlier piece of legislation, the levelling-up Bill? I add my congratulations to all the emergency services and others and add the drainage boards and declare an interest as an honorary vice-president of the Association of Drainage Authorities. Will the Minister explain how many kilometres of minor watercourses she expects to be dredged and maintained during the course of this year?

I recognise the extra funds that the Government have awarded to drainage boards for this purpose. One issue is that we do not currently have a total—totex— budget. As the noble Baroness, Lady Humphries, referred to earlier, the budget is divided between maintenance spending and capital spending, with endless arguments. If there was a total budget such as there is for water companies, which also do some of this work, flood defences and flood maintenance would be in a much better state.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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Clearly, drainage is an important part of managing any kind of flood risk. If the water cannot go through the drains, it will sit on the surface and cause problems. It is always difficult keeping drains clear throughout a whole flood event, because water inevitably brings with it things that will cause blockages in drains. But it is important that we manage the drains as effectively as we can ahead of flooding and that we also support internal drainage boards.

Internal drainage boards clearly do important work managing water levels and reducing flood risks to farmers and rural communities. The Government have committed to providing an additional £50 million to internal drainage boards over this year and next, to improve, repair or replace the flood-risk assets. This builds on the £25 million that was already being provided. As I have said, we are committed to continuing our work with internal drainage boards and also with MHCLG. With so much of this, the two departments need to come together to get a consistent and effective approach for the long term.

Lord Bishop of St Albans Portrait The Lord Bishop of St Albans
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My Lords, the UK Food Security Report, published on 11 December, identified extreme weather events as major threat to good food production, and therefore a risk to our own national security. The Minister has just been talking about cross-departmental work. Can she assure the House that, as the Government develop the national food security strategy, they will liaise with the food resilience task force? This all needs joined-up thinking if we are going to guarantee our security.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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I am very grateful to the right reverend Prelate for mentioning that we are producing the food strategy. It will be incredibly important if we are to have proper food security going forward. Clearly, climate change brings particular challenges to our farmers and, because of that, to our future food security. We are very determined as a Government to bring departments together in order to produce sensible, forward-looking plans for the future. I am sure that we will be liaising with the group he mentioned. I will discuss it with the farming Minister, who is producing those plans, to ensure that that is done.

Lord Whitty Portrait Lord Whitty (Lab)
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My Lords, further to the point raised by the noble Baroness, Lady McIntosh, and my noble friend Lady Young, on planning and flood risk, I recall being a member of the board of the Environment Agency when it was given responsibility in the sense that it was a statutory consultee. I remember saying at the time, “This gives us responsibility without power”. Will the Government, in addition to the very welcome measures the Minister has already announced, give the Environment Agency and equivalents the power to override planning decisions if they consider the flood risk presented to be unacceptable? Will she also extend the period of help for the Environment Agency in terms of capital and staffing costs to ensure that the monitoring is effective?

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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Clearly, the Environment Agency does important work here. Of course, monitoring needs to be effective: otherwise, what is the point in doing the work? The Environment Agency provides regular reports for many applications. Regarding his suggestions, a review of the Environment Agency, alongside all other organisations within the Defra family, is currently being carried out by Dan Corry. As part of the Corry review, we should be looking at exactly what the different organisations should be responsible for and whether that is adequate or whether it should be looked at and changed.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, I preface my question by noting with approval that the Minister finished her answers to the Front-Bench questions by saying that building higher only pushes water out. I am pleased that she acknowledged that.

We should look at the tone of this Statement and indeed of much of the discussion we have had thus far. The Statement says that improving flood defences and drainage systems is a priority. It sounds like how we were talking about this issue in the 20th century. Where has “slow the flow” gone? Where is the understanding that pushing water from one place very often pushes it on to another community, and pushing it from one space simply causes damage in a different one? Where is the discussion about nature-based solutions to hold water and release it slowly and gradually?

A number of people have raised the issue of flood plains. Do the Government recognise that the flood plain is not beside the river? The flood plain is part of the river.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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The noble Baroness asks what we are looking at beyond flood defences—the actual physical barriers. There was quite a discussion during the Water (Special Measures) Bill about natural flood management and the work we are doing and promoting in that area. She may recall that we amended the Bill to ensure that we looked at more natural flood management schemes—nature-based solutions, as she suggested. We are doing that not just through the Water (Special Measures) Bill; we have made a number of announcements on this issue because we see it as an important part of the long-term solution. We need to look at long-term solutions, particularly, as the noble Lord said, because of the climate change pressures. In a way, building a flood barrier is a short-term solution because we do not know how long it is going to last for, so we need to combine that with longer-term solutions. Recently, for example, some balancing ponds have been developed with a grant near where I live. That is the way forward: barriers and longer-term nature-based solutions hand in hand.

Lord Empey Portrait Lord Empey (UUP)
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My Lords, a number of Members have raised the question of flood plains and building houses. There will already be a number of planning applications approved yet not activated by a number of those who own the land—they have their planning approvals and maybe five years to do something about them. Is it possible to seek a review of those to see that we are not putting more people into high-risk situations as a result of the applications that have already been approved?

The noble Baroness, Lady Bennett, raised a very good point about slowing down the flow. That may mean some form of additional forestation, or it may mean providing variations to certain waterways and so on. Is an attempt being made to combine the two things together? At the end of the day, we are facing change, and there is virtually nothing more debilitating than seeing people flooded out. Anyone who has had to go out and look after constituents in this situation knows there is nothing like the misery they face and how appalling the situation is, because it is not just water that goes into their houses. That is something that I think is often overlooked.

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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If a planning application has been approved in a flooding area, I would expect it to have been granted alongside mitigation measures that the developer would have had to provide to get planning permission in the first place from a local authority. Clearly, I do not know the detail of every single planning application that the noble Lord is talking about, but whether that would be available for review would be a matter for policy development through MHCLG as well as for local authorities, because it is local authorities’ responsibility to provide planning grants and look at applications.

On some of the other matters that the noble Lord raised—this is probably relevant to some of the other questions too—I want to draw noble Lords’ attention to the fact that we are reviewing the flood funding formula. A lot of the issues that have been raised are down to the fact that the existing formula follows a complex process and risks slowing down the development of the kinds of schemes that perhaps many noble Lords would like to see. We are aiming to bring in a new approach from April this year, and that is important. Where I live in Cumbria, the existing formula certainly did not work for us when we were badly flooded, and the Government had to provide an extra top-up amount of money. That is not the way to go forward. We need to ensure that communities are properly supported with the kinds of budgets that can bring in the long-term solutions that will be needed to protect them against potential future floods.

Baroness Sheehan Portrait Baroness Sheehan (LD)
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My Lords, since there is still a bit of time, may I ask the Minister what thought the department has given to the health of our soils and their decreasing ability to absorb water? A lot of the issues around flooding concern run-off and the reduced capacity of the land to absorb water that it used to be able to. Two issues arise out of that: increased water, which we have little way of dealing with at the moment, and the reduced replenishment of our aquifers, which is causing water shortages around the country. Is the department giving deep thought to that?

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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The quality of soils is incredibly important, for all sorts of reasons, but the noble Baroness is correct that when you have better soil it holds more water. Grants are available through different routes such as the environmental land management scheme; for example, for soil improvement. I have also been to see a Rivers Trust project where it has improved soil qualities around a particular river and was able to demonstrate that the water was held better by the improved soil when there were flooding incidents from that river. We have the evidence that it makes a difference, and we are looking at it extremely seriously.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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Since there is time, let me say that I visited Lancaster after it was hit by serious and major flooding. There was a lot of assessment afterwards of how the community had been able to cope. It was found that there were not the community structures—the organisations within local community groups, with people helping out their neighbours, et cetera. We have just seen one business owner in Leicestershire rescue someone from a flooded car when their life was in extreme danger. Often, communities are going to have to help themselves in this new climate emergency situation. Are the Government looking at how they can strengthen the many communities around this country that are at risk of being affected by flooding, so that they can cope with those crisis situations?

Baroness Hayman of Ullock Portrait Baroness Hayman of Ullock (Lab)
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I am sure the noble Baroness is aware that one thing we have been looking at as a Government is more devolution to local areas. As part of that, it is important that we look at how best we can support our local communities, because it is always those communities that pick things up when you have problems like this. Supporting local communities, whether that is our local authorities, our parish councils or our town councils, is a really important part of the work that we need to do.