Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government, further to the Written Answer by Baroness Hayman of Ullock on 19 December 2024 (HL3060), what remedy the public currently has against a failure by a water company to proactively publish the operational sewage treatment and discharge datasets, the publication of which is not otherwise provided for in law.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
The Environmental Information Regulations 2004 (EIRs) require public authorities – including water companies - to disclose environmental information proactively. This includes data or summaries of data derived from the monitoring of activities affecting, or likely to affect, the environment.
The Information Commissioner, as the regulatory authority for information rights, promotes good practice by public authorities and may issue a “practice recommendation” to a public authority if it appears to him that the practice of the authority does not conform with that proposed in the Code of Practice. In July 2024, the Information Commissioner wrote to 12 water companies to remind them of their transparency obligations and followed this up in December 2024 by publishing a case study demonstrating both how challenges in publishing data can be overcome and the benefits of publishing frequently requested information.
If a member of the public seeks environmental information that a public authority has not proactively made available, they may request it, using Regulation 5 of the EIRs Where an exception does not apply to the information, the public authority must supply the information within 20 working days of receiving the request. If the requestor is dissatisfied with the way the request was handled, they may request a review from the public authority and if they continue to be dissatisfied, may request a decision from the Information Commissioner.
Alternatively, a member of the public may seek a judicial review of a public authorities’ failure to discharge its duties to disclose information proactively under the EIRs.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government, for each of the most recent five years for which data are available, what was the total amount of public expenditure that has been allocated to companies or charities for the purposes of (1) anaerobic digestion and (2) redistributing surplus food for human consumption.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
Over the last 7 years, the department has spent approximately £13 million of funding on supported redistribution organisations across the country.
This year, under the new Government, Defra announced £15 million to ensure that farm produce that would often go to waste or be eaten by animals is provided to a network of food banks. This helps the department reach its zero waste targets and ensures that the country's most vulnerable people have a ready supply of healthy food that is grown by British farmers.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what assessment they have made of the potential merits of aligning subsidies paid out of public expenditure with the food waste hierarchy statutory guidance.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
The Government has not made any assessment of aligning subsidies with the food waste hierarchy guidance.
Our priority is to prevent food waste occurring in the first instance, this is in line with the food waste hierarchy. Where waste cannot be prevented, edible surplus food should be redistributed. For unavoidable food waste, the government’s Simpler Recycling reforms will require all local authorities, businesses and relevant non-domestic premises in England to arrange for the separate collection of food waste for recycling. The Government's preference is that food waste is treated via anaerobic digestion (AD), the main route for producing biomethane, which is a low-carbon replacement for fossil fuel natural gas.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government whether they have estimated what proportion of food being sent to anaerobic digestion plants that is edible and fit for human consumption.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
The Government does not collect data on the proportion of edible food waste sent to anaerobic digestion plants.
This Government will work with business to drive down food waste and make sure food is put on the plates of those in greatest need.
We continue to support the Waste and Resources Action Programme and its work to drive down food surplus and waste in homes and businesses. This includes work to ensure surplus food is redistributed to charities and other organisations who can use it and on programmes to help citizens reduce their food waste.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what steps they are taking to introduce mandatory reporting of food waste within the supply chains of large food retailers.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
This Government is committed to setting a clear roadmap to a circular economy – a future where our resources are used as efficiently and productively as possible for as long as possible, and waste is reduced. We are reviewing policies to address the challenges associated with tackling food waste in the supply chain and will consider any mandatory food waste reporting requirements in due course.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government, further to the remarks by Baroness Hayman of Ullock on 30 October (HL Deb col 1186) and on 20 November (HL Deb col 276) in relation to transparency by water companies, what are the pre-existing requirements mentioned by the Minister for water and sewage companies to publish environmental data proactively; what specific legislative provisions require this; and what the practical difficulties would be of mandating this.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
From 1 January, companies will be required to publish discharge data from storm overflows in near real time. This duty falls under section 141DA of the Water Industry Act 1991, as inserted by section 81 of the Environment Act 2021. To support this, Water UK recently released its National Storm Overflow Hub to provide this data on the same site for the whole of England.
The Water (Special Measures) Bill will strengthen these provisions. Clause 3 will require companies to publish discharge data for emergency overflows in near real time. Clause 2 will ensure that all water companies annually publish information on the frequency and seriousness of pollution incidents and the steps they are taking to reduce them.
The Environment Agency also regularly release information and reports to support transparency and scrutiny of water companies.
These provisions are in addition to water companies’ duty to provide information proactively and when requested, due to their status as public authorities for the purposes of the Environmental Information Regulations 2004.
Amendment 44, tabled at Report Stage of the Water (Special Measures Bill) by Baroness Boycott proposed to amend the Environmental Information Regulations to require water companies to proactively publish all operational monitoring data, in addition to any data required under permits issued under the Environmental Permitting (England and Wales) Regulations 2016. This amendment would have created a novel route of challenge through the courts for failures to proactively disclose information. It follows that this would also create a new route for water companies to appeal. Apart from being administratively challenging and at odds with the current legislative framework, this could slow down implementation of the Information Commissioner’s decision notices relating to water companies’ compliance with the Environmental Information Regulations.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government, further to the remarks by Baroness Hayman of Ullock on 30 October that "the commission will bring in expertise from a wide range of areas, including the environment, public health, investors, consumers, engineering and economics" (HL Deb col 1139), how they plan to appoint members to the new independent water commission; whether there will be a public appointments process; and whether members will have to declare any financial interests they have with the water sector, and their amount.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
On 23 October, the Secretary of State, in conjunction with the Welsh Government, launched an Independent Commission on the water sector regulatory system, to fundamentally transform how our water system works and clean up our rivers, lakes and seas for good.
The review will include broad stakeholder engagement. In particular, the Chair, Sir Jon Cunliffe, will invite views from an Advisory Group of nominated experts, covering areas including the environment, public health, consumers, investors, engineering and economics.
The Advisory Group to the Water Commission will not be ministerial appointments. They will be specific individuals selected by Sir Jon Cunliffe to seek views from and feed in their expertise into the commission. Further details of who will be included in the advisory group will be announced in due course. Thorough due diligence and conflicts of interest checks will be carried out on all candidates.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what powers the Environment Agency holds to require companies to release 15-minute flow data when requested, and under which regulations they have this power.
Answered by Lord Douglas-Miller
The Environment Agency has the power to require Water Companies to provide detailed flow data under the Environmental Permitting (England & Wales) Regulations 2016. Regulation 61(1) gives the power to require the information.
Permit conditions state reports in relation to 15-minute flow data are to be provided to the Environment Agency upon request within 28 days, unless otherwise specified in writing by the Environment Agency.
Authorised officers of the Environment Agency are empowered to inspect and retain copies of records that are relevant to any examination or investigation under Section 108 (4) (k) Environment Act 1995 – requirement to produce records.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what plans they have to direct the Environment Agency to revise all permits issued in respect of water company sewage discharges under the Environmental Permitting (England and Wales) Regulations 2016, so that those permits fully reflect the combined obligations of the Urban Waste Water Treatment (England and Wales) Regulations 1994 and the judgment in the case of Commission v UK, case C-301/10, of 18 October 2012.
Answered by Lord Douglas-Miller
Under the Urban Waste Water Treatment (England and Wales) Regulations 1994, storm overflows are investigated using an Environment Agency framework, the Storm Overflow Assessment Framework. This framework is consistent with the Court of Justice of the be put European Union’s (CJEU) judgment in the Commission v UK case. Where upgrades or solutions are identified under this framework, the Environment Agency require that improvements in place as soon as reasonably practicable and are accompanied by necessary permit variations by the Environment Agency to reflect those requirements.
Asked by: Baroness Boycott (Crossbench - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government when the results of the Storm Overflow Assessment Framework will be published for storm overflows potentially discharging untreated sewage into English rivers; and on what occasions there have been (1) overflows where untreated sewage can be lawfully discharged other than as a result of exceptional rainfall, and (2) overflows where untreated sewage cannot be lawfully discharged other than as a result of exceptional rainfall.
Answered by Lord Douglas-Miller
Outcomes of the Storm Overflow Assessment Framework (SOAF) investigations within calendar year are reported through the annual Event Duration Monitoring (EDM) reporting from Water and Sewerage Companies to the Environment Agency at the end of February the following year. The Environment Agency publishes these EDM reports by end of March each year.
The Environment Agency will publish the 2023 EDM report in March 2024 and this will contain outcomes from SOAF investigations completed by December 2023. The Environment Agency will assess data provided by each water company in order to assess whether they are meeting their legal obligations with regards to the discharge of untreated sewage.