EUC Report: EU Freshwater Policy

Baroness Miller of Chilthorne Domer Excerpts

Wednesday 5th December 2012 Lords Chamber

[Baroness Miller of Chilthorne Domer]

My Lords, I was a member of Sub-Committee D for two terms and very much enjoyed my time on it. During the first term we looked at the water framework directive and its introduction; during the second term we did a quick follow-up inquiry. So I am particularly grateful to have the opportunity today to listen to the introduction by the noble Lord, Lord Carter of Coles. I am also grateful to other members of the committee who will contribute today, and for the opportunity to make a few brief points myself.

This debate on water issues should be the first of many that we will have. As the noble Lord, Lord Carter, said, the recent floods and the drought that we had earlier in the year are an indication of how severe things are likely to get with the more extreme weather that climate change is predicted to bring. Even before that, water policy has been seen as more and more crucial over the past 20 years. I believe that it was President Gorbachev who founded Water for Life and Peace because he saw it as one of the areas that would give rise to conflict in the 21st century. There is no doubt that we cannot afford to be complacent in any way about water from any point of view of security, whether actual security or food security, and so on.

Today I will limit myself to talking about priority substances, governance in terms of the water framework directive, and measurement of successful quality improvement of water bodies. First, I will talk about the priority substances explained on pages 13 and 14 of the report. A great many were listed by the water framework directive the first time around. There was an indicative list of main pollutants, of which some of the most worrying were those that possessed carcinogenic or mutagenic properties, or properties that can affect the reproductive and hormonal functions of creatures, including ourselves, of course. Then there are the persistent hydrocarbons and bio-accumulable organic toxic substances, which are all worrying, and that list is now to be added to.

The fact is that since we talked about this the first time, I do not think that we have got anywhere near tackling the substances on the current list. They have been placed in the “too difficult” box, or are too expensive to tackle. As the noble Lord, Lord Carter of Coles, has said, the estimate at the moment is that they will cost £27 billion to clean up. However, we have known for more than a decade, for example, that the endocrine disruptors are affecting the ability of dog whelks to breed. Before anyone thinks, “Well, who cares about dog whelks?”, the same effect is likely to spread to fish. Then there is the news today, which is very topical given this debate, of the much lower sperm counts in France. Maybe we are busy wiping ourselves out as a species, through our water. In any case, it is a form of pollution that must be tackled as a priority.

Paragraph 48 of the report suggests that we need “more knowledge” before tackling existing and new pharmaceuticals. However, given the science that we are already beginning to see and examples such as those I have just mentioned, we cannot afford to wait for another decade before we take action. Effluent-containing substances, such as endocrine disruptors and other things that could affect the ability of the whole gamut of animals to breed, will require waste water treatment when such things are flushed. As long as we persist in flushing such drugs out of our body, down the lavatory and into the rivers, we are going to have a very dangerous problem.

The report does not mention—at least I did not spot it—nano-substances. This is another very worrying development. The development of nanosilver is under way as an effective way of cleaning clothes in a virtually water-free way, but will those substances end up in our waste water, too? I think that the report is right to mention the worries, but it does not put over urgently enough the need to deal with them.

As the report says, governance is a key issue; linking communities back into their rivers and catchment is the way to affect behaviour change in our use of water and valuing of ecosystems. Some very good work has been done by the Wildlife Trust, for example, giving examples of how our water use can lower river levels until they cease to be viable ecosystems.

In paragraph 200, however, the report is plainly wrong, when it says that,

“novel governance approaches are despite, rather than because of, EU policy”.

Actually, it was quite the opposite. The original water framework directive really encouraged public involvement under Article 14, which was quite a long article—I shall not read it all out now. It was basically about public information and consultation and it said:

“Member States shall encourage the active involvement of all interested parties in the implementation of this Directive”.

It went on to specify a number of ways in which that would happen. Here in the UK, the attempt the first time round was, with a few notable exceptions, pretty poor.

I should declare an interest at this moment, because my husband was chairman of the Wessex Regional Flood Defence Committee and chaired one of the pilot catchment areas. We had debates on record in this Chamber; the noble Baroness, Lady Young of Old Scone, took part in them when she was at the Environment Agency. The agency was at that time unwilling to involve the public as much as the spirit of the water framework directive encouraged. Water companies were caught up in issues such as pricing and what comes out of the tap rather than whole-cycle costings. So at the time we wasted the opportunity for the public to be involved, and it is not because Europe got it wrong but because we did not interpret the water framework directive correctly.

There is also a problem of size. The designated size of the river basins means that the public will never relate to those, and I accept that the Government do not expect them to. Catchment areas or even subsets of those are what communities relate to. The smaller the geographical unit, the more likely you are to get real public involvement.

The recommendation in paragraph 201 is right in saying that one key is local authority energy and engagement with the water framework directive, and it goes on to suggest that some sort of duty could be put on water companies and local authorities to co-operate with each other. That is a constructive and helpful suggestion, because we need to kick-start that co-operation to get a far more engaged basis for this sort of work. The best results to date of catchment management plans have been exactly as a result of this approach, where local authorities have really got stuck in with their water companies and changed the way in which many things happen.

Finally, on measurement of water body status, I am very pleased that the report concentrates on the fact that status categories are too blunt. Paragraph 180 talks about “mapping of ecosystem services” informing choices of,

“technological solutions to be applied”,

moving away from the,

“‘one size fits all’ approach”.

The evidence from the Westcountry Rivers Trust is that,

“water quality objectives at present are only quasi-ecological”,

and are based on,

“point source pollution but not diffuse acute pollution”.

The trust mentions,

“biotic indices for macro-invertebrates”.

The point is that the initial water framework directive was a first attempt, and most member states had, and still have, big problems, as the noble Lord pointed out, with measuring water body quality in an outcome-related fashion. Nevertheless, refining measurements should be an absolutely key priority for us in the UK for this next phase, which ties in with governance.

I expect that your Lordships remember how the public imagination was caught by fish returning to the Thames as a sign that it was getting much cleaner. Fishermen and birdwatchers, who observe the top of the river food chain, have a good idea of the health of the river. Of course, the absence of creatures at the top of the chain might be due to other causes, as was the case with otters. However, the presence of creatures at the top of the food chain in numbers that you might expect, whether they are kingfishers, cormorants, otters, water voles, salmon or trout, means that things are likely to be healthy at the bottom of the chain, too. The Environment Agency’s website has a map you can interrogate on local river quality—and that is a very good start. It shows chemical quality and nutrient quality, but biological quality usually seems to be left blank. Is that because the mapping has not been done, which is what the report hints at?

I congratulate the committee again on a very helpful report, which will push us in the right direction.