Public Bodies Bill [HL]

Debate between Lord Faulkner of Worcester and Lord Maclennan of Rogart

Monday 7th March 2011 Lords Chamber

[Lord Maclennan of Rogart]

I beg to move the amendment standing in the name of my noble friend Lord Greaves, who for reasons of health is unable to move it himself and has asked me to do so. Amendment 72 and others related are concerned with the internal drainage boards, which operate principally under the Land Drainage Act 1991 and are independent operating authorities. They form a specialist but important part of the systems of local governance in their areas. There are 154 of these bodies in England and they have an important role in managing water level and flood risk. Their activities include action in emergencies, maintenance of pumping stations where necessary and providing planning advice to local authorities.

The Association of Drainage Authorities, which is the national body that represents the IDBs, is unhappy about the inclusion of these bodies in the Bill and has suggested that primary legislation would be more appropriate. There are at least two opportunities for considering this matter in this parliamentary Session. The first is through the Localism Bill, which it has been suggested by the association would be a better way in which to make specific modifications to the legislation, including amalgamation of the boards. The association has also drawn attention to the fact that the Government are proposing to produce a water White Paper in June and believes that that would be likely to be followed by a water Bill, which would provide another appropriate route through primary legislation, allowing full scrutiny to take place and extensive parliamentary debate if necessary. I rise simply to ask the Government why they feel it appropriate to include the IDBs in this Bill and why they have not preferred to wait for the primary legislation intended to be produced relatively soon.

Some concern has been expressed by these bodies—particularly by the chief executive of the ADA—that local people, including volunteers, with considerable local knowledge, freely offer advice to help to reduce the risk of flooding to people, property and land. These concerns are worthy of being addressed in the debate. I have no doubt that the Minister will be able to explain the Government’s position. I beg to move.

[The Deputy Chairman of Committees (Lord Faulkner of Worcester)]

I must advise the Committee that if this amendment is agreed to, I shall not be able to call Amendment 72A for reasons of pre-emption.