Water Industry

Lord Benyon Excerpts

Tuesday 5th November 2013 Commons Chamber

[Charlie Elphicke]

My right hon. Friend makes an interesting point. The planning system obviously means that such things take time. It is certainly important to have more of a national planning framework, which has been discussed by some and is worth considering. The view of water professionals is that competition is important but, in terms of customer service, it does not necessarily reduce costs because the infrastructure represents about 90% of the cost base.

[Richard Benyon (Newbury) (Con)]

My hon. Friend will be aware that the Water Bill will make it easy for new entrants to do precisely what my right hon. Friend the Member for Wokingham (Mr Redwood) suggested, by giving them access to a market that is currently denied them so that they can provide these infrastructure assets.

[Charlie Elphicke]

Indeed. That will be an important reform.

Let me move on to the reforms that are worth considering. First, we must consider whether it is possible to tackle the excess profits and excess returns seen over the last period and return that money to hard-working families in the next period, and to drive a fair and equitable settlement whereby investors can get appropriate returns but customers can get a better deal.

--- Later in debate ---

[Richard Benyon (Newbury) (Con)]

It is a great pleasure to take part in a debate from the Back Benches for the first time in a few years. This is an important subject and I apologise to those on both Front Benches for not being able to be here for the winding-up speeches, as I have a long-standing engagement that I have to attend.

I welcome the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for North Cornwall (Dan Rogerson), to his post. I told him in the Lobby the other night that I had three and a half years to get my head around the water industry. He has three and a half weeks before the Water Bill comes before the House, but he is a clever fellow and I am sure he will be more than a match for the job.

I hope this debate does not over-emphasise the negative and allows us to take a little pride, at least on the Conservative Benches, in what has been achieved in the water industry. I thought the only voice, upon deep consideration, really talking about renationalisation was dear old Len McCluskey—I sometimes wonder whether he is a stooge of Conservative central office—but I now see that there are others: it is a great pleasure to follow the right hon. Member for Holborn and St Pancras (Frank Dobson). I take great pride, however, in what was achieved by privatisation through good, strong political leadership. My right hon. Friend the Member for Wokingham (Mr Redwood) was part of the intellectual force behind privatisation. With people such as Nicholas Ridley and others, he led the debate—with, I have to say, the support of about 8% of the population. However, they drove though something that has delivered for customers. Twenty-two years down the road, I am the first to agree with my hon. Friends, and probably all Members, that the industry is long overdue a tweaking—in fact, more than a tweaking; a serious reform—but I shall explain later why I think the Government are getting it right and the part the House can play to protect the incomes of our householders, particularly those on low incomes.

Jonson Cox, the chairman of Ofwat, came into my office shortly after his appointment and said he was keen to ensure that the industry took more notice of customers’ needs. To summarise, I said: “Good. That is precisely what the Government hope you will do in this price review—more power to your elbow—but we want you to do much more. We want you not only to keep household bills down, but to keep investment up and ensure that water companies play their part in improving the environment.” We must accept, however, that sometimes those three things conflict.

[Frank Dobson]

When the hon. Gentleman was talking to the new boss of Ofwat, did he draw to his attention the marked reluctance of the water industry to pay the proper amount of tax, bearing it in mind that the aforesaid new boss of Ofwat, when he was at Anglian, made pretty sure it kept its tax liability to a minimum?

[Richard Benyon]

Like the right hon. Gentleman, I am keen that everybody pay the required tax, but I caution people who criticise capital allowances. If our water company were not exercising its rights under capital allowances, either investment would fall or our bills would rise, or both. There is sometimes a lack of basic economic understanding: tax deferred is not tax not paid; it has to be paid. In one respect, however, I entirely agree, and I am deeply uncomfortable with some practices in aspects of corporate Britain. Work needs to be done—and in fairness to the Government much has been done—to close loopholes.

We need to make the argument that investment in the industry keeps bills down. The right hon. Member for Holborn and St Pancras seems affronted by Chinese companies and sovereign wealth funds and investors from all parts of the world investing in our regulated sector. I am not affronted. I welcome it. It is the sign of a vibrant industry and one that we need to encourage. We need more investment if we are to deal with some of the Victorian—or at least Edwardian—infrastructure we are trying to replace. Under a nationalised industry, directors of water boards would sit outside the Treasury saying, “Please can we have some more money for investment?” Down the ages, Chancellors have said, “Certainly. Just get in the queue behind the NHS, pensioners and the welfare state, and if there are any scraps left, we will give them to you.”

We have seen an historic level of investment— £116 billion—and we want to see more. We also want to ensure that we keep the bills as low as possible. Supplying all the water that goes into households and treating all the sewage that comes out costs households an average of £1 a day, although I accept that there are wide discrepancies in price. As a percentage of our household expenditure, that might be quite small compared with energy costs and other items, but it is still a significant amount, and those in the lowest income decile in this country are, broadly speaking, in water poverty. We need to address that. There are huge challenges facing the industry, and I hope the Water Bill and the ongoing activities in the sector will tackle them.

The challenges include continuing to ensure investment to deal with leakage and other concerns, such as those expressed by my hon. Friend the Member for Broxbourne (Mr Walker), and to ensure that new infrastructure is built. We must also address the challenges of affordability and the credibility of the industry among its customers. An important matter for our constituents is that the companies address the question of resilience. They must be able to keep the water flowing from the taps in a time of changing climate.

In my short tenure as Minister with responsibility for these matters, I saw the worst drought for decades. We are the sixth largest economy in the world, but if we had had a third dry winter, towns in some of the most economically vibrant parts of the country would have faced the very real prospect of standpipes. That is unacceptable in this day and age. Large national events could have been affected. Indeed, the Olympics presented quite a worry at the time. We clearly need more investment to ensure that water continues to flow in areas that are prone to drought.

During that time, I also saw floods. We must not forget that the water companies’ role in managing sewerage systems is vital in protecting our constituents’ homes from flooding. There is also a need for continuing investment in that regard.

[Alec Shelbrooke]

I shall expand a little on my hon. Friend’s comments on the role of water companies in dealing with flooding when I speak later. Would he care to comment on how the water companies are often ignored when they tell developers that there is a flood risk in the area in which they are building? Does he agree that the water companies are often left to clear up the resulting mess, which puts pressure on their budgets?

[Richard Benyon]

My hon. Friend makes a good point. The Government are right to deal with the connection to private sewers, where many leakages have occurred. They, and the water companies, are also taking action in other areas to ensure that they are playing their part. Sometimes just a small investment can make a big difference to the flood risk in an entire street, for example. It is vital to ensure that the water companies are sitting down and talking to the flood forums and the local flood authorities to make sure that these issues are being addressed, but perhaps that is a wider issue for another debate.

The Water Bill will play a key part in addressing the challenges. The question of building new infrastructure and new reservoirs was raised earlier. The key reform to ensure that that happens, to secure the long-term sustainability of the industry and long-term benefits for our constituents, will involve enabling new entrants to come into the industry and provide new competition. The competition that will exist in the non-household sector must, in time, be introduced in the household sector as well, and I hope that that will be the long-term ambition in a forward-thinking political agenda. That would result in the kind of benefits for households that businesses will soon be able to achieve by switching supplier. The Bill should be seen only as work in progress, however.

One of this Government’s achievements of which I am most proud is the water White Paper. It might sound rather prosaic to say that I am proud of a document, but it set out some important provisions. It demonstrated that the Government were getting a grip on water policy. In the past, water policy had been created by all kinds of different organisations and bodies, not least the water companies themselves. In the White Paper, we demonstrated our determination that the Government should own the policy and that the regulators should regulate. We stated that, in a regulated sector, if the water companies functioned within meaningful regulation by the three regulators, we would have an industry of which we could be proud. The water White Paper was welcomed by customers’ groups, the industry, investors, green NGOs and all parts of the House, although I do not know whether that makes it a unique document, as the natural environment White Paper achieved much of the same.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

I seem to recall that the Select Committee, of which the former water Minister was a member, criticised the Government for not being ambitious enough. Is that not a fair recollection?

[Richard Benyon]

The Select Committee produced many good things with which I agree. If that is what it said at the time—I am afraid that many of my memories of the last three and a half years merge into one—I would probably not agree, because there was bold ambition in the water White Paper, which was reflected in many of the comments made about it by many different people.

[Julian Smith]

I pay tribute to my hon. Friend’s work as a Minister. He is speaking passionately about the White Paper and the Water Bill, but does he agree that the financing of these companies still looks dodgy to many of our voters? I would appreciate it if he commented on that before he concludes.

[Richard Benyon]

I shall talk about debt and gearing shortly, and I think my hon. Friend will find me in agreement with him on those issues.

Let me explain why I believe the Water Bill is only a work in progress when it comes to delivering the ambitions of the water White Paper. In the next Parliament, I really hope we will see a Bill to address the needs of abstraction reform. It would be impossible to bring that forward as part of the Water Bill because there are tens of thousands of abstraction licences, on which many of our constituents and the businesses that employ them depend for their water supply. Trying to create a new abstraction regime from the one created back in the 1960s is a Herculean task that will require thoughtful legislation to make sure that the taps still flow and that we do not suck dry aquifers like the Kennet, which provides a very important water supply to the constituents of my hon. Friend the Member for South Swindon (Mr Buckland). That, however, has been the cheapest place from which to suck water, and it is only through the construction of good infrastructure and investment that we can do this in a sustainable way that keeps bills down, keeps water flowing and supports our economy. Further legislation, then, is needed.

Let me make a further point about investment before I reach my final point. If we want to see continued investment from pension funds—whether they be British or from overseas—sovereign wealth funds and other investors, we need to recognise that this is a relatively fragile and competitive market. I shall give the House an anecdote about the frequent visits I made to speak to the investor community to make sure that it saw that our ambitions in the water White Paper and the Water Bill were consistent with continued high levels of investment.

Some time ago, there was a hiatus concerning a rather technical issue that might well have gone over the heads of most people in this country. It related to the licence modifications that Ofwat wanted to create. This brought me in touch with a new breed in my life—City analysts, many of whom, in the words of my children, were “wusses”. They took an instant view that the regulated sector was not the place in which to invest, so the water sector saw quite a high risk of much needed investment being reduced. It took a Herculean effort—by me on the bottom echelons of the Government, right up to the higher levels—to make sure, first, that what Ofwat was trying to achieve was understood. In my opinion, it might have had a virtuous reason for what it did, but perhaps went about it in the wrong way. It reminded me that if we want to see continued levels of investment, we have to make sure that we explain what we are doing. Ultimately, the need to deal with infrastructure problems needs to feed through to bills, and we need to explain that we want to see a vibrant regulated sector in this country.

[Mr MacNeil]

Will the hon. Gentleman give way?

[Richard Benyon]

Very briefly.

[Mr MacNeil]

I have been listening carefully to the arguments on both sides of the debate. Why does the hon. Gentleman think average water bills are lower in Scotland, where water is publicly owned, than in England, where it is privately owned?

[Richard Benyon]

We want to see in England the virtue of the competition from which the hon. Gentleman’s constituents benefit in Scotland, in the business sector and, indeed, the public sector. Schools and the health service in Scotland have the opportunity to switch their suppliers, and the Water Bill will enable businesses in England to do the same. I accept that this is still work in progress, but we want to see the benefits of competition flowing—

[Mr MacNeil]

rose—

[Richard Benyon]

I will not give way again because many other Members wish to speak and I want to say something about debt before I finish.

I took on the water brief with a background in small business, but I had never encountered, or been closely associated with, businesses that had the level of debt and gearing that I saw in the water industry. I observed that the credit rating agencies—for which I have great respect: some very good people work for organisations such as Moody’s and Standard & Poor’s—were giving the water companies very high ratings, awarding them As, A-minuses and high Bs. In fact, Ofwat operates the strict criterion that their ratings must remain at those levels. However, I could not come to terms with that in my own mind at times.

The companies may indeed be complying with Ofwat’s criterion by gaining high credit ratings as a result of their wealth, but I think many Members will feel, as I do, that gearing of that order confers a brittleness—an inflexibility—when it comes to those companies delivering what we want them to deliver to their customers. I hope there will be more understanding of the need for them to reflect the concern that is felt about gearing levels, not just in the House but among their customers.

It is important for us to view water bills in the context of total household expenditure. The Leader of the Opposition has decided that energy bills are an issue on which he wants to bang the drum, but we know that his plan will not work. He knows it will not work, and he knows that we know that he knows it will not work. What is ridiculous about his argument is that it treats one part of household expenditure, albeit an important part, as the sole issue of the moment. Rather than doing that, the Government must view water bills and energy costs in the context of overall household expenditure. They must keep bearing down on council tax, and preferably freeze it. They must continue to protect the most vulnerable by providing winter fuel payments, and to ensure that more of our constituents on low incomes do not pay any tax. It is in that context that the Government should develop policy on household bills.

Water bills are, of course, important. It is vital for us not only to understand but to reflect the concerns of our constituents, and to take advantage of every opportunity to protect those on low incomes. We can, for instance, provide social tariffs. We can also work on the problem of bad debt, which, as we know, adds an average of £15 to every household’s bills—although when that is broken down by company, it is clear that some companies are outperforming others dramatically, and that their bad debt is a fraction of the average. Some are doing magnificently, and others appallingly badly. We must learn from best practice. We must ensure that companies deal with bad debt, but we must also ensure that we address their relationships with their customers in general. We must bear in mind the win-wins that can help those who are having trouble paying their bills to deal with the problem.

I hope that we will not be defensive about the model, because it is a good model. It has created a huge benefit for this country in terms of investment. What it has delivered is relatively affordable for most people, but we need to work hard to make sure prices come down. The five-yearly price review, along with clear policy from the Government, who understand the situation, presents an opportunity. We can make sure the companies are bearing down on bills and there is none of that awful cyclical investment, with investment falling off a cliff two years before the price review period. We want to see continued investment because we know that is the way to have a sustainable water supply and a sustainable sewerage system—not just economically sustainable, but environmentally sustainable as well.

--- Later in debate ---

[Gavin Shuker]

What a fantastic set-up for the speech I am about to give, which is about the Government’s record in the past few years. I freely accept that the hon. Gentleman was not a member of the Government at that time, but he obviously voted on many of the issues that I want to talk about.

It is crucial that we in this House have a proper understanding of the impact that the Bill that is being sold to us will have on the consumer bills that are being levied on many of our constituents right now. Let us be clear: no one was talking about water affordability or Government action to reform the water industry to deliver for customers and not just for shareholders until the Leader of the Opposition gave his living standards speech in Brighton back in September.

[Richard Benyon]

rose—

[Gavin Shuker]

I am happy to take an intervention from the former water Minister.

[Richard Benyon]

I hesitate to rise, because I could just sit here and enjoy the hon. Gentleman’s speech. He and I had endless discussions about affordability when he was in his Front-Bench role, so he knows that he need only read the water White Paper to see that we were concerned about that issue, and he knows that the underlying truth of the Water Bill is that, in order to keep bills low, we need to make sure that we have an industry fit for the future, which is all about affordability and protecting our constituents. He also knows, therefore, that it is ridiculous to suggest that this issue has appeared just in the past few days.

[Gavin Shuker]

The hon. Gentleman makes a passionate defence of his own record in post.

Let us look at some of the specific measures on which this Government had the opportunity to work and legislate but deliberately chose not to do so. First, there is bad debt. I was interested to read a copy of the Secretary of State’s letter to the water companies—sent out today, curiously enough, purely coincidentally—which talked about bad debt. I thought, “Fantastic! At last this Government have adopted the right position on bad debt.” Each household has to pay £15 or so because some people cannot pay and will not pay, and that money is dumped on the bills of consumers who step up and do pay.

On energy bills, is it not interesting that there is a provision that requires landlords to give companies their tenants’ details so that they can reclaim the money? On reading the letter, I thought, “Fantastic. At last the Government have responded to the Opposition’s calls to make the water situation analogous with that of energy.” However, the letter only makes a firm threat to look at the issue in more detail if the companies themselves do not voluntarily make progress on the provision.

My position and that of my party is clear: bad debt as a result of those people who will not or cannot pay dumps an additional cost on every household, so it would make sense to implement the provision. The Government could have taken that action. We made the case for it, but they have had no interest in it until now.

That is not the only issue. Government Members and the press have today mentioned the social tariff. I was the lead Opposition Member on the Water Industry (Financial Assistance) Bill Committee. We sought to amend the Bill so that every water company operating in the UK had to do one simple thing, namely offer a social tariff to those people who find it hard to pay their bills or who find themselves in a situation where they cannot pay for the service provided. The Government chose to vote down that proposal and Government Members voted against it. Instead, they favoured a voluntary approach: if water companies wanted to introduce a social tariff, they could. It is amazing how few water companies have actually done so.