Water Bill

Debate between Lord De Mauley and Lord Oxburgh

Tuesday 25th March 2014 Lords Chamber

[Lord Oxburgh]

Thank you. The clarification that I seek is whether the Minister would be willing, when he brings back these amendments at Third Reading, to strengthen some of the words relating to consultation to something rather stronger and relating to an obligation.

[Lord De Mauley]

My Lords, it is difficult for me to respond to that point without knowing the strengthening that the noble Lord has in mind. I am, of course, perfectly prepared to meet him and discuss that between now and Third Reading.

Water Bill

Debate between Lord De Mauley and Lord Oxburgh

Tuesday 11th February 2014 Lords Chamber

[Lord Oxburgh]

My Lords, I think that it depends almost exclusively on how that water has been treated by the company that has used it.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley) (Con)]

My Lords, as the noble Lord, Lord Whitty, has explained, Amendment 154 would require onshore oil and gas operators to provide financial security when applying for an environmental permit so that funds would be available to deal with any water pollution incident caused by the operator. The amendment would impact on both the conventional and unconventional oil and gas sectors. It would address any pollution that they caused to the water environment but not any other damage that might be caused by their activities.

We want a successful industry in this country—an aspiration supported at Second Reading—to provide us with an important source of gas for our future, but it is vitally important that it is safe. We already have a well established UK conventional onshore oil and gas industry that has happily coexisted with local communities, in some cases for half a century or more. This has been achieved not least because the industry has maintained a good record of environmental responsibility and competence. The existing controls and the application of good operational practice have served us well to prevent pollution from onshore oil and gas activities and to tackle in an appropriate way any problems that emerge.

The Department of Energy and Climate Change assesses as a matter of course whether a company has sufficient funding for its planned operations prior to awarding any licence. It also checks at the drilling stage and, where relevant, at the production stage that the company has appropriate insurance. Similar financial competence checks are also carried out by the Environment Agency as part of the permitting process. In the event of serious damage to surface or ground-water, the Environment Agency and Natural Resources Wales have powers, under the Environmental Damage (Prevention and Remediation) Regulations 2009 and the equivalent Welsh regulations, to serve a notice requiring that the polluter pays to clear up the pollution. If a significant environmental risk becomes apparent, the Environment Agency has the authority to stop the activity. These powers apply to a wide range of operations and activities undertaken by different industries. I do not think that it would be appropriate to create any specific provisions for the oil and gas industry.

However, the Government are aware that there are widely felt concerns about the capacity of companies exploring for shale gas to tackle any liabilities that might arise. This is the concern that the noble Lord, Lord Whitty, is pointing to. Therefore, I am pleased to inform your Lordships that the Department of Energy and Climate Change and the shale gas industry are working to put in place a robust scheme that would cover liabilities even if the relevant operator is no longer in business. They are also in discussion with leading insurers about proposals to build expertise and capacity in the insurance market to facilitate the development of products specifically appropriate for unconventional operations, which in turn could facilitate the development of an industry-wide scheme. In addition, while we already have a robust regulatory framework in place, I can confirm that it will be reviewed and refined as appropriate as we move towards the production phase. The question of the noble Lord, Lord Oxburgh, will be addressed in that process. This regulatory review will include the question of environmental liabilities in the wider sense, not solely relating to water.

I am sure that noble Lords will agree that these two initiatives, taken together, constitute a sensible approach towards ensuring that liabilities are covered in a comprehensive and proportionate way, rather than taking what might be a rigid legislative approach on a piecemeal basis. I hope that this news provides the reassurance that the noble Lord, Lord Whitty, needs that the Government are taking the right steps to ensure that liabilities are dealt with appropriately, and that he will feel able to withdraw his amendment.

--- Later in debate ---

[Lord Oxburgh]

Before the Minister sits down, I hope he can help me with a small matter, which nevertheless would be significant for a minority. Given the duration of the scheme, there is likely to be a rebanding of council tax during that time. Somewhere it needs to be made explicit what will happen to people who move up into, for example, band H during that time.

[Lord De Mauley]

I can count on the noble Lord to think of something that I did not arrive in the Committee equipped to answer. If I may, I will write to him.

Winter Floods

Debate between Lord De Mauley and Lord Oxburgh

Thursday 6th February 2014 Lords Chamber

[Lord De Mauley]

My Lords, I thank the noble Lord for his supportive comments, especially his sympathies for those who have suffered and the households and farms that have been flooded. As discussed in Questions, they have suffered a terrible experience. Like the noble Lord, I pay tribute to the emergency services, the Environment Agency and the Flood Forecasting Centre staff and to the leadership shown by the local authorities.

As alluded to by the noble Lord, there has been significant damage to sea and flood defences and road and rail infrastructure. Urgent repairs were made to critical coastal defences before the spring tides early this month. The Environment Agency is currently assessing the damage to flood defences. It may take a number of weeks to achieve a full assessment as water levels fall.

The noble Lord referred specifically to the Somerset Levels. As discussed in Questions, my right honourable friend the Secretary of State for Environment, Food and Rural Affairs has asked for an action plan to be developed within the next six weeks to look at different options as to how flood risk could be better managed sustainably on the levels and moors over the next 20 years. Dredging will form part of that plan but it will not provide the whole answer. The plan will look at a number of other options for improving the area’s resilience in the longer term.

The noble Lord, Lord Whitty, referred to lessons learnt. I agree with him very strongly about that. Those lessons will go quite wide. I also agree with him on the importance of a catchment management approach. The noble Lord referred to power shortages. My understanding is that of the 50,000 people who lost power the night before last, the substantial majority had power again yesterday. The energy companies are working hard on that. The noble Lord referred to transport. Immediate work is already underway, with that urgency that he described as so necessary. The noble Lord asked about the capability of the Environment Agency to continue to perform. The Secretary of State has been assured by the chief executive of the Environment Agency that he has every intention of protecting front-line services concerned with flooding. I have no reason to doubt his ability to do that.

I return to lessons learnt. The Minister for Government Policy is undertaking a review specifically to identify those lessons. There are a whole range of things that it will look at, and I know that he is looking to report to the Prime Minister as soon as he can—that will be weeks, not months.

The noble Lord referred to the Pitt review. The vast majority of its recommendations have been implemented. We are committed to implementing the remaining five by the end of this year. Some of the main aspects to come out of Pitt that we have implemented so far are the creation of the Flood Forecasting Centre, much lauded in recent weeks for its ability to warn us where the problems were coming, the publication of the National Flood Emergency Framework and the provision of funding to more than 100 specialist flood rescue teams. The Environment Agency has published its national strategy, which will help communities and all parties to work together to manage flood and coastal erosion risk.

[Lord Oxburgh (CB)]

Before the Minister sits down, might I ask him whether he would be willing to include in the list of those whom he has thanked for their contribution in understanding and managing the present difficulties the Met Office? We may not enjoy the information that it gives us, but it is certainly useful.

[Lord De Mauley]

That was an outrageous omission of mine, my Lords, and I absolutely do that.