Rivers Authorities and Land Drainage Bill (First sitting)

Alex Sobel Excerpts

Committee Debate: House of Commons
Monday 11th March 2019 Public Bill Committees

[Luke Pollard]

My hon. Friend is right and pre-empts one of my questions for the hon. Member for Somerton and Frome about how the provisions will work in coastal communities. From my reading of the provisions, it seems that many of them work for inland communities and river flooding in particular. I would be grateful if he set out how he envisages the provisions working in an environment where there is the risk of both river and coastal flooding, especially with regard to the cost implications that he just spoke about. Clearly, the responsibility for coastal flooding is much more expensive and, with the risk of climate change, can have much bigger impacts.

As I said, the Opposition welcome the Bill. Although we have no problem with the clauses, I have a few questions that I hope will provide some clarity about how the provisions will be implemented. As is outlined in clause 1, a rivers authority established under the Bill will be a locally accountable body with the powers to issue precepts to billing authorities that will collect money from council tax payers for additional local flood management work.

I understand from the Association of Drainage Authorities that the Department is not expecting a flurry of requests for the establishment of rivers authorities. The Bill does not impose rivers authorities on local councils, so it is for those that want them to be proactive. How will that work for councils that have suffered huge cuts and might not have the in-house resource to do that? How does the hon. Member for Somerton and Frome envisage rivers authorities being rolled out? Will there be additional support for the pilot rivers authorities to effectively overcome the early administrative obstacles that will inevitably come with the formation of a new rivers authority, so that pioneer projects can share best practice with the ones that follow?

How will local communities challenge and hold accountable local river and drainage authorities for their actions? It is good to hear that the majority of members of those committees will be from local councils, and so will be elected; that flow through of democratic accountability is important. On Second Reading in the main Chamber, I asked whether the Department would publish guidance on the composition of those boards, particularly on their gender balance. Having observed several such committees, they can be quite bloke-heavy—and, indeed, retired bloke-heavy—which, as a general rule, we should try to avoid when creating new public bodies. I will be grateful if the Minister or the Member in charge sets out whether there will be any guidance to that effect.

Will there be guidance on whether the heads of those authorities should serve for a fixed period, or will that period run and run? In some communities, the people who will be in charge of such bodies have also been in charge of everything else that came before. I just want to understand whether there will be accountability and a rotation of those roles. I assume that there will be the usual registers of interest to avoid any conflicts of interest, especially because these authorities will be dealing with small communities, where expertise is essential. There is a risk of a conflict of interest, so will the Minister set out how we will engineer out any of those risks at an early stage?

It seems that many of the provisions regarding rivers authorities’ proceedings in proposed new section 21D apply to local government, such as access to agendas, inspection of papers and inspection of minutes. Will there be guidance that such meetings should be open to the public to ensure full accountability, and that any private proceedings should be limited and face proper scrutiny? What input will members of the public have into the exercise of the duties of a rivers authority, especially in how the provisions in new section 21D will be implemented?

We know that there is an awful lot of experience in how to deal with flooding in our local communities, especially among farmers who have farmed land affected by flooding for many generations. A yearly flood risk management plan seems like a good option. I will be interested to see how the new bodies interact with water companies, particularly with the upstream thinking pioneered by many water companies that cover water catchment areas. A few of us in the Committee are covered by South West Water, which has pioneered upstream thinking for some time. We need to make sure that we are not setting up two bodies with slightly different agendas. That interaction needs to be there.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

I am a representative of Leeds, which has had significant flooding. Some of the solutions that local communities want involve upland management, which provides better long-term solutions in terms of the risks of climate change than large, built flood management schemes. However, those upland areas are in a different local authority. Rivers authorities only operate in one local authority, so I am interested in my hon. Friend’s and the Minister’s opinion on how it will work across authorities.

[Luke Pollard]

I thank my hon. Friend for that. It is worth saying that, even though the Committee has a south-west majority, those people with a south-west link, even if they represent a different part of the country, are very welcome as well.

That question relates to the patchwork quilt of responsibilities that is the underlying context for rivers authorities. How will these new authorities work with different local authorities? My hon. Friend is entirely right that we are moving to an era where we want fewer carbon-intensive end-of-pipe solutions, which are both expensive for those who pay for them and have a large carbon impact in their construction. Lower-carbon interventions, such as the re-wetting of peat bogs or the planting of more trees, are frequently required in an area other than where flooding takes place. I would be grateful if the Minister addressed that.

Proposed new section 21F provides powers to acquire and dispose of property. I am working on the assumption that those powers will be deployed in the same way as local councils deploy them at the moment, with authority and judgment. I would be grateful if the Minister set that out for the record. I am interested to know whether the Minister is confident that the Secretary of State’s framework under proposed new section 21G will not inhibit the autonomy of rivers authorities in relation to how those powers are implemented.

On proposed new sections 21H and 21A, we hope that rivers authorities will be a success and that there will be no need to abolish them, but it is useful to look ahead at all scenarios when creating them in the first place, so what criteria will there be for abolishing a rivers authority? Will there be any scrutiny or appeals in relation to that? A concern from time spent observing the coalition Government is that many bodies were swept away and some of the people who relied on those bodies did not have a say in the process, so I would like to understand how that might work.

It is important, when we talk about flooding, to recognise that with the advent of additional flood planning when new developments come through, those new developments are well protected, but bringing forward flood defences for new developments sometimes means that communities that were not previously affected by flooding now will be. It would be useful to get a sense of how rivers authorities, which will look at flooding in the wider sense, will have an eye on not only the area that they cover, but the impact of their work on other areas.

We have no opposition to the clause, but I would be grateful if those questions could be clarified.