Water Companies: Regulation and Financial Stability

Charlie Maynard Excerpts

Wednesday 23rd October 2024 Westminster Hall

[Charlie Maynard (Witney) (LD)]

I am honoured to serve under your chairmanship, Mr Pritchard. I thank my hon. Friend the Member for Westmorland and Lonsdale (Tim Farron) for letting me wrap up this debate, and I thank all the speakers who spoke so well and eloquently about the places they represent and love.

I am the Liberal Democrat MP for Witney and a West Oxfordshire district councillor. Our area is a ground zero for pollution. The Windrush flows through Witney, the Evenlode flows through to the north, and Shill brook flows to the south. All flow into the Thames. All are repeatedly and heavily polluted. I work closely with Windrush Against Sewage Pollution, one of the best advocacy groups in the country, to get to grips with this problem. I have learned a lot from that group and from many of the other parish councils and community groups that work so hard locally, and I am grateful for everything they have taught me.

I will focus on financial stability, or the lack thereof, and on Thames Water, as it is the largest and the most unstable of the water companies. First, I will give some context. Thames Water has six holding companies stacked one on top of the other. Some of them are offshore; some are onshore. The top holding company, Kemble, has £1.2 billion of operating cash flows—that is, money coming in—and £18 billion of debt. Roughly £13 billion of the £18 billion is held by class-A bondholders, and Members will hear a bit more about them. This debt is expensive, and more than a third of all our customers’ bills are being spent on servicing the debt.

In July, S&P and Moody’s cut the credit ratings of the class-A bonds to junk and two notches below that. That action put the company in breach of its operating licence. Ofwat waved some limp celery at Thames Water and did very little. That opens up moral hazard because it means that other water companies and other companies in regulated sectors can do the same. On 5 August, the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Kingston upon Hull West and Haltemprice (Emma Hardy), stated in reply to my written question that Thames Water’s financial position “remains stable”.

In early September, it became public that various funds, including the notorious Elliott Management, which pillaged Argentina and Peru, had bought large amounts of class-A debt at very discounted prices. On 13 September, the Under-Secretary of State replied to me again, saying that Thames Water “remains stable”. She noted that special administration was an option if any of three conditions were met, with one of the conditions being if

“the company is or is likely to be unable to pay its debts”

—pretty simple. On 26 September, both S&P and Moody’s slashed Thames Water’s class-A debt again. It was already two notches below junk; this time it went down a further five and six notches respectively. The words “death spiral” spring to mind.

A week ago, it was reported that Ofwat is meeting a creditor group representing the class-A shareholders to discuss restructuring the company’s debt. The condition that

“the company is or is likely to be unable to pay its debts”

has most definitely been met. The company’s cash burn is faster than previously forecast, and the company as is will likely run out of cash by December. Its class-A bondholders are desperate to avoid special administration as that would crystallise their loss and result in much of their debt being written off. However, the creditors are now negotiating with Ofwat to inject a relatively small amount of new capital in, cram down the other debt classes, resulting in perhaps a 20% to 30% debt write-down, flip some of their debt into equity, and then sell the company on to another buyer within 12 months, making a huge profit.

If the Government allow such a restructuring, they are effectively rescuing a group of lenders, including vulture funds, not the company. Instead of the bondholders having to write off billions of pounds of worthless debts, the Government will be giving ownership of the company to the vulture funds, which will then flip it at a profit. Such a route is neither sensible nor equitable for the company, the Government or our country. It is a lazy, short-term fix from which the Government can repent at leisure over the course of the parliamentary term. No one will be fooled by the Government claiming that in the short-term the market has fixed it, and no one should be panicked by bankers claiming Armageddon but, in reality, just driving their own agenda.

The special administration regime was set up for exactly this scenario. The Government should make use of it and place Thames Water into special administration, allowing for an orderly restructuring and reorganisation resulting in the sale of a clean company on the open market; whether that is nationally, mutually or privately is, of course, up to the Government, but that will allow a clean company to be in place. To be investable again as a sector, we need a clear regulatory framework that is transparent and enforceable against, where companies that make bad decisions know they will have to take the consequences. That will allow investors to fund water companies’ balance sheets so they can handle the very substantial investment spend that will be required over the next 10 years.