Water (Special Measures) Bill [Lords]

Debate between Neil Hudson and Graham Stuart

Report stage
Tuesday 28th January 2025 Commons Chamber

[Graham Stuart]

To follow up the point made by our right hon. Friend the Member for New Forest West (Sir Desmond Swayne), that money will ultimately come from water bill payers. It will be ordinary families across the country who must contribute to the £100 million fines or whatever is imposed on our water companies. For that to be taken and then swallowed by the Treasury, rather than used to improve water, would be a disgrace. Does he not agree that the Government must accept new clause 16?

[Dr Hudson]

I thank my right hon. Friend for that intervention. I will come on to an amendment we have also tabled to ensure that if fines are levied on water companies, customers’ bills go down accordingly, so that taxpayers and bill payers are not penalised for water companies doing the wrong thing.

The Government have made ejections in this House and in the other place to the principle of ringfencing the funding and have stated the need for the Treasury to have flexibility on how it spends that money, but in this specific case, their argument still does not stack up. Where money comes from taxation, ringfencing is not always the most reliable way to ensure that the Treasury can have the spending power it needs to deliver that spending, but here we are talking about something very different. Fines are much more uncertain and provide less of a guarantee regarding the amount of money they will bring in. To rely on those funds for day-to-day Treasury spending does not make sense. Ringfencing those penalties for our water restoration fund is a sensible measure that enables Governments to guarantee they can meet a specific need. Water companies pay the fines for the damage they have done, and the local communities affected are empowered to have their local waterways restored.

It is worth repeating the finer detail of our amendment; it should not go ignored that this will also improve chalk streams. It was incredibly disappointing that over Christmas, the Government revealed that they had abandoned plans by the Conservatives to recover our chalk streams. Given that England is home to 80% of the world’s chalk streams, a failure to act on this issue neglects a vital duty to protect a key part of our environment. In light of this, we believe that the Government need to think again about rejecting our important amendment, which is a matter of principle, a matter of justice in righting wrongs, and a fundamental commitment to water quality.

When it comes to improving our waters, it is supporting those who are most affected when water companies fail to abide by their duties that are at the heart of the Opposition’s concerns —the British public, as individual consumers, bill payers and members of local communities. Customers must not pay the price for water companies’ failure to do their duties, whether financial, environmental or otherwise. As such, the Opposition have tabled new clause 19, which would require the DEFRA Secretary of State to provide that where a water company has faced financial penalties for failure to comply with the law, a financial amount equal to those penalties must be removed from the bills of that water company’s consumers.

This is very important, as a toxic cocktail of poor behaviour by water companies and rising bill prices has led to many people feeling that they are receiving poor value for money and not getting the quality water services that they deserve. A concomitant reduction in customer bills that people will see directly on their statements will be a real and tangible sign that poor behaviour is not going unchecked. The Government have previously rejected the proposal, but we urge them to think again about this simple yet effective amendment that would do so much to underpin all the work that is being done and protect bill payers.

I turn to some of our further amendments. Our concerns about the water industry and finances extend to what is in the Bill as it stands—in particular, the provisions for special administration orders in clauses 12 and 13, which the Opposition have raised in the other place and in Committee. Those clauses would give the Government the power to recover any losses they make through placing a company in special administration by raising consumer bills. My Conservative colleagues in the other place sounded the alarm on this issue, and I put on record again my thanks to them for doing so. If water companies require the Government to place them in special administration through their own failure, why should consumers foot the bill for failures they have had no influence on or responsibility for? That is particularly the case if a customer’s bills will rise as a result of mismanagement by a company whose services they do not even rely on.

This proposal runs contrary to the nature of all the action taken in recent years to improve water quality, whereby companies that are responsible for failing to get their affairs in order must take responsibility. We have all been starkly aware of concerns surrounding the financial resilience of Thames Water, and as many will know, Ofwat’s “Monitoring financial resilience” report in November identified 10 companies that needed an increased level of monitoring and/or engagement concerning financial resilience. We acknowledge that the Government believe that they expect to use special administration orders as a last resort and in limited circumstances. However, it is the Opposition’s firm belief that an injustice remains, with people having to pay for companies that they have no connection to. We have therefore tabled amendments 26 and 27, which would explicitly forbid the raising of prices for consumers who do not use the services of the water company that is in special administration. We believe this is a fair and reasonable compromise that the Government should accept, so that we can work to improve the water industry’s financial practices.

We have also tabled new clause 17, which would amend the Water Industry Act 1991 to insert new rules regarding limits on the amount of money that can be borrowed by a water company. Regrettably, the Government rejected this sensible measure in Committee, so we have tabled it again to ensure that water companies do not excessively borrow money, which is ultimately bad for bill payers. When we talk about financial resilience, the heart of the issue is concern about borrowing, and the resultant over-leveraging in the industry. We will be pushing that new clause to a Division. We will also be supporting the measures on nature recovery that we tabled in Committee.

We will be looking very closely at some of the amendments from the Liberal Democrats. New clause 2, which they tabled in Committee, would abolish Ofwat. At that stage, we pointed out that the new clause was not explicit about what it would transition to, so we do not believe that is a sensible way forward.

New clause 18 would grant the Government a power to create a unified scheme of charging arrangements for customers in need of support regardless of the specific supplier, and introduce a consultation for that purpose. Although the Opposition welcome looking at that, can the Government please ensure that others consumers do not face rising bills as a result? It will be interesting to see what the Government do with that.