Water (Special Measures) Bill [HL]

Lord Cromwell Excerpts

2nd reading
Wednesday 9th October 2024 Lords Chamber

[Lord Cromwell (CB)]

My Lords, I support the intention of this Bill in its pre-Committee stage. I know that the Minister will be looking forward to the flow—possibly even the flood—of useful and constructive amendments that will be coming her way from all across the House and beyond.

Water is our most precious resource, yet we have allowed it to be managed for short-term financial gain and with inadequate regulatory intervention. The saying goes, “Don’t excrete where you eat”—or words to that effect—and yet mixing sewage and water, initially excused as an occasional force majeure, is now standard practice. Turning around the decades of infrastructural neglect and creating a resilient water and sewerage system will take a generation and need consistency through multiple electoral cycles. The last Government talked about 25 years and more than £50 billion. Taking water companies into public ownership, as some advocate, would apparently—and I look toward the noble Lord, Lord Sikka, on this—cost an estimated £90 billion and take a long time to implement. Either way, the investment cost is going to be enormous, but not meeting it in the past is how we have got into this mess in the first place.

Meanwhile, climate change, rising population—to which the noble Baroness, Lady Pinnock, referred—and new types of high demand for water, such as data centres, are adding further challenges to the existing infrastructure. I therefore welcome, as others have, the full review of the water system announced by this Government. I hope that the Minister will be able today, to some extent, to share with us what the scope, the format, the timetable and the level of independence are going to be of that review.

The Bill sets out a range of punitive measures for water companies, both personal and corporate, including imprisonment, which many others have spoken about, so I will not detain the House further on those. It also includes consumer representation at board level, and I am with the noble Lord, Lord Whitty, on this. I welcome that challenge being brought to board level rather than being ghettoised in some panel on the second floor. I would much rather it was a board-level issuing challenge. However, while these things may reflect the public mood, the fact is that, as the last speaker mentioned, many of the guilty horses have long ago bolted, heading for the hills with their saddlebags full of treasure. Debt-free companies have been loaded with debt, now at 70% to 80% debt to equity. Despite the failure to invest sufficiently in the infrastructure, substantial transfers of value have been made by water companies to their parent companies across the globe while, in some cases, piously claiming that they had not paid shareholders a dividend for years. This is something that the regulator repeated to us when giving evidence to the committee I was on.

While some water companies—and here again I agree with the noble Baroness, Lady Pinnock—have performed better than others, it is going to be a long, hard and expensive slog to put things right. It will be a thankless task of trying not to succeed but just to make things less bad for a long time, while at the same time under personal risk of financial and/or criminal penalties, compounded by public resentment that the cost will ultimately fall on the consumer. This makes me ponder, as others have: who would now want to take on such a role, with such possible outcomes and high levels of public hostility?

My two questions to the Minister, therefore, are as follows. First, do the Government accept that a very attractive—but no doubt therefore criticised—employment package will be needed to secure, retain and hold to account managers of water companies and of regulators with the necessary skills and robustness? Secondly, do the Government also recognise that, for earlier investors, the party is largely over? They are decreasingly willing to provide capital to UK water companies, and that is a very big challenge for a Government who are seeking private finance to right the wrongs of the past.

Turning now to the regulators tasked with enforcing this Bill, Ofwat has been, so long as water was plentiful and cheap to the consumer, light-touch—and, frankly, outsmarted by private equity financial engineering. The Environment Agency, which will have a vital role in monitoring performance against the stipulations in the Bill, has been drained of resources and morale. I agree again with the noble Lord, Lord Whitty, on the disconnect from Ofwat. Defra, as a supervising department, was found by a committee of this House—of which I had the privilege to be a member—to have been overly complacent about both the water companies and the regulators.

Will the Minister explain how all these issues— the lack of skills, of resources and, above all, of incisiveness—will now change as part of achieving the purpose of this Bill? Simply putting up water bills, as the companies propose, will not create enough money. Hedge funds know this and are reportedly buying up discounted Thames Water paper, to which other speakers referred. Financial restructuring and swapping debt for equity are likely to follow. Will the Minister therefore explain on what grounds the Government think that the regulators—or, indeed, government departments—will be any better at understanding and supervising hedge fund strategies than they were with private equity financial engineering?

Finally, there have been significant issues around the lack of monitoring data and I am glad to see that the Bill starts to address this. Let us remember that it was civil society, not the regulators, that persistently highlighted the sewage pollution issues and it will be an important monitoring ally in keeping both the water companies and the regulators up to the mark. Otherwise, there a risk here of the regulators marking their own homework and blame-shifting between organisations. New Section 141F set out in the Bill is helpful on this, and this is reflected in the positive comments of the Information Commissioner’s Office. Nevertheless, an amendment is going to be needed that expands it to include requirements that monitoring data must be automatically available, online and in real time, including the volume and type of discharge and an explanation of why it happened and what is being done to mitigate and prevent a recurrence.

To conclude, I support the Bill as far as it goes. It is a first and belated step to address one aspect of the problems of the UK water and sewerage system. The systems we inherited from the Victorians reached their capacity in 1960. To build a resilient water and sewerage system fit for the future, we will need a long-term strategy, cross-party co-operation and consistent long-term resourcing. All of these are very, very substantial challenges.