Water Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 11th February 2014 Lords Chamber

Moved by

[Baroness Bakewell of Hardington Mandeville]

165ZB: Schedule 9, page 218, line 6, leave out sub-paragraph (2)

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the three amendments in this group deal with a specific area of the Bill, as we have heard: that surrounding the internal drainage boards. IDBs are very local partnerships, including landowners, farmers and local councillors, which work with the Environment Agency and Natural England to draw up plans to keep ditches and rhynes clear so that water can flow freely, thus minimising the impact of flooding. IDBs are well respected by local residents and these residents should be consulted on any impending changes to their local internal drainage board.

Farmers and landowners themselves are supposed to keep their ditches and streams clear for drainage, but this is not always done well. Those with river frontage have the responsibilities of the riparian owner inasmuch as they are responsible for the banks and clear flow of the river on their side for the length that they own. In some cases, this duty is not exercised and is sometimes ignored. A much stronger regime of these duties must be enforced by the IDBs and councils. The IDBs are responsible for the rhynes. There is a clear need for IDBs to be able to access money to keep all these channels open.

While I understand the need to keep council tax down to a reasonable level, if I were to ask the residents of the Somerset Levels whether they would rather have paid a little more council tax which went directly to the IDBs, or whether they wanted to take the risk of being underwater for six weeks, I am not sure what that answer would have been. However, I do not think that it would have been not to have paid more council tax.

IDBs need to have the power to act and to act quickly for the benefit of those in their communities. I am fully sympathetic to speeding up the process for publication of requirements under the Land Drainage Act 1991. However, any proposals for amalgamation or reorganisation of IDBs must be consulted on with those most affected. I agree that taking nine to 12 months for such consultation is neither efficient nor wise and I support reducing that time. I also understand that provincial newspapers have limited circulation. However, it is often the case that the local newspaper might be the only newspaper that some households read. They read it because the articles and news have relevance for them personally. These people will not be reading the London Gazette, however strange your Lordships may find this.

Everything we see on our television screens, read in our newspapers and hear on the radio indicates that these people who have been flooded feel disempowered and disillusioned. It would unwise to do anything in the Bill that might increase that feeling. It is essential that local people are able to have a say in what happens to their IDBs and, to do that, they need to be able to access the consultation when it takes place. Reducing the time during which an advertisement may be placed is reasonable, so long as it is advertised in locally accessible media, and placed in libraries, schools or other public meeting places as well as the local provincial newspapers. There is a financial cost to this, of course, but that is small compared to the value of local people feeling that they are being consulted. I beg to move.

[Baroness Northover (LD)]

My Lords, I thank my noble friend for her amendment. We agree with her that it is important for the necessary information to go to the relevant people and for the relevant groups to be consulted in the way that she says. I emphasise that we are here retaining all the powers that are already in place; this is just about not having to publish in local newspapers. I will just go through that: I think she has picked up on the key points anyway.

We consider that the requirement for the internal drainage boards and the Environment Agency to advertise a range of notices, procedures and orders in newspapers is inflexible, out of date—given the range of media now available—and often wasteful of public funds. We are therefore introducing more flexibility to the advertising arrangements. This is in line with recent legislation, such as the Marine and Coastal Access Act 2009 and the Flood and Water Management Act 2010, which allows relevant authorities to publish documents without being prescriptive in how they do so.

Internal drainage boards have complained that advertising in local newspapers can be costly and that, in some areas, it does not represent best value for money in reaching out to the relevant communities. We also understand that some local newspapers may not be widely distributed in rural communities, or in some cases may no longer be published. Our changes will allow for both a wider and a more targeted distribution of notices. This could mean, for example, distribution through the use of electronic means, parish notice boards or, in the way that she indicated, school notice boards and so on, while retaining a fair, open and inclusive process.

The Environment Agency and IDBs will still have a requirement to publish notices and bring these notices to the attention of the people who will be affected by the changes; I hope that is the reassurance that the noble Baroness needs. We are, however, keen to take full advantage of the extensive local knowledge and experience of internal drainage boards and the Environment Agency by enabling them to reach out to the communities affected by any changes in the most cost-effective way.

Therefore, I can assure my noble friend that we are not telling internal drainage boards and the Environment Agency not to use local newspapers. If they consider this to be a cost-effective way of getting their information out, they may still do so, as well as making use of other media. We agree that local people should be consulted in the way that my noble friend suggests. I hope that I have reassured my noble friend and that she will be content to withdraw her amendment.

[Baroness Bakewell of Hardington Mandeville]

I thank the Minister for her comments. I welcome the increased flexibility on advertising that she detailed and accept completely that, if the internal drainage boards are the bodies that decide how to advertise the alterations, then I should be happy with that. It seems that a wider and targeted approach is going to come forward, so I beg leave to withdraw my amendment.

Amendment 165ZB withdrawn.

Flooding: Somerset

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 6th February 2014 Lords Chamber

[Lord De Mauley]

I, too, have seen the clips that the noble Countess is referring to. What is really important at this stage is that when people are asked to evacuate by the Environment Agency, the emergency services and the police, they must listen to the advice that is given. We are also facing some potential tragedies with our farms and animals on those farms. The county council and the emergency services are working as best they can but people must come first.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the floodwaters are now beginning to affect people who were previously on the periphery, bringing increased demand on the scarce resources of the fire and rescue and Army services, as we have heard. Where drivers recklessly enter floodwaters by removing “Road Closed” barriers, will the Minister join me, a resident of Somerset, in supporting the emergency services in charging those thoughtless people who have to be rescued, sometimes more than once?

[Lord De Mauley]

What I can do is share with my noble friend her rap on the knuckles for those who do that and do not take the advice of the emergency services.

Winter Floods

Baroness Bakewell of Hardington Mandeville Excerpts

Thursday 6th February 2014 Lords Chamber

[Lord De Mauley]

My Lords, I certainly will. It is an interesting and important point.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I welcome this Statement and will try not to repeat what others have said. In particular, I welcome the additional resources for emergency repairs. As the Minister has indicated, the full extent of the damage will not be known until the water subsides. The announcement on the review of the Bellwin scheme is encouraging and I look forward to hearing the detail on this. The Minister has referred to the partnerships working on the ground, and I am proud of the work and intervention in respect of this of South Somerset District Council, of which I am a member. It will take a lot more hard work and co-operation in partnership before we are through this current process. As with previous speakers, I am concerned for the future livelihoods of those living on the Somerset Levels, particularly the farmers. The debate about how to take this forward has to be started soon. Overall, however, I welcome the steps in the right direction made by the Government, but there is still some way to go.

[Lord De Mauley]

I share my noble friend’s concerns absolutely.

Water Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 27th January 2014 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we have had a wide-ranging debate today covering the many aspects of this important Bill. I will try to be brief and my comments are concentrated on three areas. While the majority of the Bill is concerned with the supply of water and ensuring that all households throughout England have a steady supply of fresh water—and this is vital—today I am addressing the issue of the surplus of water: that is, flooding.

As has been said already, the Bill makes provision by Flood Re for those properties at risk of severe flooding to get affordable insurance following the end of the statement of principles with the insurance industry that has been in place since 2000. As others have commented in the past, my accent betrays my heritage. In Somerset, as all can see from television and newspaper coverage, especially today, the landscape changes dramatically in winter, sometimes for short periods but currently for much longer ones. This has always been a problem for the levels, but it is definitely getting worse. In the winter of 2012-13, the village of Muchelney was cut off for weeks, and it is now cut off again. The fire brigade has done a brilliant job ferrying people to and fro, and the county council has assisted in building a pontoon for villagers to access boats so that they can do their shopping and get to work. The great British community spirit has risen above all the difficulties. Nevertheless, residents in long-term flooded areas are suffering stress and the beginnings of mental health problems.

While welcoming the proposals for Flood Re, like others, I am concerned about some of the exclusions. Many small businesses that operate on the Somerset Levels will find it impossible to get insurance if they are not included in Flood Re. At a time when the economy needs every job it can get, it seems short-sighted in the extreme to be putting the viability of those businesses at risk. As I understand the Bill, some mixed hereditaments are included in Flood Re, but this seems to be dependent on whether they are assessed for business rates. Similarly, private rented and leasehold households are excluded. When everything we know about housing is that it is in short supply, to again jeopardise that supply by pushing private landlords out of the market could be discriminatory. It is generally a requirement of mortgage lenders that insurance is in place. To have insurance that excludes flooding is not wise. Are the flood-prone areas therefore to become devoid of population as people are forced to move to higher ground in order to be able to get the insurance cover needed to have access to a mortgage?

Internal drainage boards comprise local people who know their area and its problems. They can often see what solutions might be needed and could implement fairly low-cost works to alleviate some of the flooding. Disaggregating the drainage board levy from local authority council tax is vital to enable the boards to operate effectively and efficiently. Enabling them to assess what is required and then raise the necessary levy in order to carry out remedial works is key in helping to restore public confidence that the issue is being taken seriously.

Lastly, I wish to raise the issue of the value placed on agricultural land. As can be seen on our television screens, acres of agricultural land are underwater for large portions of the year. This is affecting farmers’ ability to earn a proper living and placing their families at risk. Again, there is a risk to mental health as well as to health and well-being. When it comes to flood defence works, to what extent do the loss of earnings and devaluation of the land figure in the calculations about which areas qualify for flood alleviation works and which do not? How does adequate funding for repairs get taken into consideration? Some form of financially sustainable system needs to be in place in order for the land to be farmed effectively. Land cannot just be left fallow year after year. Land does not look after itself, as I am sure all the farmers here know. It needs constant managing in order to get the best out of it. Farmers need encouragement, not obstacles and difficulties. This is a very real issue and one that I hope we can address during the passage of this Bill.

I am encouraged by much of what is included in the Water Bill, and I hope that we may be able to address many of the points made by others, with which I agree, over the coming weeks.