Water Industry (Financial Assistance) Bill

Dan Rogerson Excerpts

Wednesday 14th March 2012 Commons Chamber

[Gavin Shuker]

The purpose of the amendment is to ensure that when the power under clause 1 is triggered, there is proper parliamentary accountability and oversight at the time of making any reductions. The hon. Lady mentions the regulatory regime. It would not be particularly affected under clause 1 as it currently stands. Ofwat’s role will be to see the money coming in and the money going out. This amendment would not change that situation at all, except that we in this House would have the opportunity to examine any scheme that is to be established and to have answers to any questions we might have: namely, how long, for which customers and for what duration.

As I have said, we agree with the proposals to give financial relief to the south-west from April 2013. Indeed, we examined this issue when in government and laid the groundwork for helping 700,000 households in the region. We therefore accept the argument that the south-west requires additional help to keep water affordable, but stopping there misses the point.

The south-west has the highest bills in the country and about 200,000 people are under water stress. In the Thames region, that number is 1.1 million, however. Our new clause 1 therefore starts with the simple proposition that by April 2013—the month when financial assistance will start flowing to Devon and Cornwall—the Secretary of State should bring forward minimum standards for a company social tariff. We think that is not too much to ask.

The numbers speak for themselves. As I established on Second Reading, 400,000 households in Wales, 460,000 households in Yorkshire, 780,000 households in the Severn Trent region and 1.1 million households in the Thames region pay more than 3% of their disposable income on water. The squeeze on living standards is real. This Government’s actions are contributing to high inflation and pressure on family budgets. The rise in VAT has pushed up the price of petrol, and the cost of child care is going up at twice the rate of wages, just as the Government cut that element of the working tax credit. Families with children who cannot raise their working hours from 16 to 24 could find themselves almost £3,000 worse off from next month. Energy prices have risen, while for many people pay has been frozen.

The crunch will be felt first and worst by low and middle-income families, particularly those with children. A single-earner couple household with kids that is earning £44,000 might sound well-off—and, indeed, in comparison to many, it is—but it will be hit hard by the £1,750 a year that it will lose overnight when child benefit is scrapped.

[Dan Rogerson (North Cornwall) (LD)]

I am intrigued that the hon. Gentleman wants to have a debate about tax credits, as we recently had a vote on such issues. Is he going to mention the fact that this Government are delivering free nursery places for the most disadvantaged two-year-olds, and that increasing numbers of children will be covered by that in the course of this Parliament?

[Gavin Shuker]

I will not test your patience, Mr Hoyle, by continuing that debate. The hon. Gentleman puts his case on the record, but one of the key arguments in respect of new clause 1 is the squeeze on family living standards. We believe it would be wrong to park that argument in a different silo from the rising costs of water bills.

People are facing falling living standards, frozen wages and rising water bills. Our amendment would ensure that the power to introduce a company social tariff—a power that we legislated for when in government—is followed by Government action to ensure that these schemes are effective at making water affordable for those who are struggling to pay. Under the current Government’s plans, the design of any social tariff is entirely in the hands of each of our 20 or so water companies. Apart from WaterSure, there will be no national tariff, and there will be no national branding of water affordability schemes. Outside the south-west, there will be no new Government money to help those who cannot pay.

Under this Government’s plans, it is even down to the individual companies to decide whether to introduce a social tariff scheme at all. Although we believe the industry and Government should be working towards a national affordability solution, the first part of new clause 1 would require the Secretary of State to bring forward plans for minimum standards for water company social tariffs.

The second part is just as important. We know that if we cannot measure it, we cannot manage it. Therefore, water companies should be held to account by ensuring a league table is published each and every year reporting on the performance of company social tariffs. In the energy sector, Ofgem sets parameters for what can be included by suppliers as part of their spend on social initiatives, and it annually monitors suppliers’ progress against the voluntary commitment. A handful of water companies already have good social tariff schemes, but we want to raise the bar for all companies to the standards of the rest of the industry, both by requiring the Secretary of State to have minimum standards approved by Parliament, and by the monitoring and reporting of all companies, shaming those poor performers into action. By also requiring the number of households spending more than 3% and 5% of their disposable income on water to be published, we can monitor the scale of the affordability problem and make meaningful comparisons between companies.

Our amendment 1 and new clause 1 are attempts to improve the Bill. We welcome the money for the south-west, but stopping there misses the point. People’s ability to pay for something as basic as water should not be subject to a postcode lottery. This issue is at the heart of shaping a socially responsible water industry in the years to come. I hope the Minister will accept the amendments.

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[Miss McIntosh]

I am most grateful for that clarification. It would be interesting to know the background to the amendment and, in particular, to new clause 1. It would be helpful to know what discussions took place and what level of support the hon. Gentleman has from water companies and from Ofwat.

I did not have the opportunity to discuss this matter on Second Reading. It is appropriate to examine new clause 1 and amendment 1, as I have a concern and I am trying to help the Minister. A helpful Library note spells out clearly:

“The Government intends that bills be reduced from April 2013. The funding will come from the HM Treasury Reserve until the end of the spending review period in 2014-15. After that time funding will come from the Department for Environment, Food and Rural Affairs…budget.”

I understand that that was confirmed in a House of Commons debate in January.

“The payment will continue until ‘at least the end of the next spending review period’.”

So my question is: from which part of the Department’s budget is this funding going to come from 2014-15 until, presumably, 2019-20?

I must make a general remark about departmental budgets, and I do not think that the Department for Environment, Food and Rural Affairs is any different in this regard. We had the opportunity to question the Secretary of State on the annual report, in its new revised format, and the annual accounts. I think that there is a lack of transparency and clarity in all the departmental accounts—I do not single DEFRA out. I am deeply concerned about the position for those in the south-west whose water bills will or could benefit from this Bill, and for those in other areas who could benefit subsequently, as highlighted in amendment 1 and new clause 1. My real concern relates to how this will be funded in the next spending review period, given that we have not yet worked through all the savings in the budgets of the Department and other agencies, such as the Environment Agency. I am prepared to give any assistance I can in arguing with the Treasury that this money should be ring-fenced. Obviously, there is real concern that if it is not ring-fenced or if additional money cannot be found, other parts of the budget currently being spent on farming or flood defence will simply be hijacked for this purpose.

With those remarks, I welcome the opportunity to have this debate and to understand a little more about the thinking behind these proposals. However, I shall have to disappoint the hon. Member for Luton South by telling him that I will not be following him into the Lobby.

[Dan Rogerson]

It is a pleasure to serve under your chairmanship, Mr Hoyle. I follow the hon. Member for Thirsk and Malton (Miss McIntosh), whom I customarily refer to as “Madam Chairman” in the Select Committee. Obviously, it is a delight still to be considering this Bill. We are doing so rapidly, in order to make progress and get it on the statute book, so that it can start delivering fairness for my constituents and those of other Members across Devon and Cornwall, and so that we can start putting in place the framework for the necessary works here in our capital.

Although the amendment and the new clause proposed by the hon. Member for Luton South (Gavin Shuker) present a number of opportunities for discussion, they will not necessarily take us that much further forward. The amendment makes a reasonable point: if in future the Secretary of State or any other Secretary of State wishes to use the enabling powers of the Bill to make a difference to another part of the country that seems to have been disadvantaged, that should be explained to the House. I would have thought that it would be extraordinary, however, for such a thing to happen without a great deal of public debate or decades of campaigning, such as that which we have experienced in Devon and Cornwall. Perhaps other parts of the country might have such a keen hold on the Secretary of State or any future Secretary of State that they could get it all pushed through within a matter of weeks, but I suspect that that would not be the case. The Treasury would want to know very plainly and in great detail why the money was required and why it was felt to be a priority.

[Alison Seabeck (Plymouth, Moor View) (Lab)]

From a south-west perspective, the money we are getting is clearly welcome. As the hon. Gentleman has mentioned, other parts of the country might have demands, and given drought measures and so on, there might be reservoirs or other very large schemes in small areas that might impinge on us as our water bill payers could be asked to pay towards the costs. That would not be unreasonable, as we are expecting the payment to go the other way. Does the hon. Gentleman share my concern that, as the hon. Member for Thirsk and Malton (Miss McIntosh) mentioned, the money is not ring-fenced and how it is spent in future will be at the discretion of the Secretary of State?

[Dan Rogerson]

The hon. Lady is referring to the money identified for the south-west, and the worry that it might, to use a watery phrase, be diluted and spread out across the country. I suspect that that could potentially happen, but I know that the coalition Government are absolutely committed to seeing this provision through for the people of Devon and Cornwall. Who knows what might happen under a future Government? I hope that they would take the plight of our water bill payers equally seriously and continue that level of support. The hon. Lady makes an interesting point.

As I understand it, the amendment seeks to ensure that if a Government wished to offer such support to further areas, a statutory instrument would have to be tabled and debated. I find it hard to believe that any Government would consider doing such a thing without a debate not only in this place but out in the country at large and, I am sure, a debate in the Treasury too, which would have to be conducted publicly as well as privately. I know that that has been the case with the programme we now have for Devon and Cornwall. Although I accept the logic of what the hon. Member for Luton South said, I will wait to hear what the Minister has to say in reply before I decide what approach to take. Naturally, I want to support the Government—as I would on every occasion, but particularly as regards the provisions in this Bill.

The new clause concerns social tariffs and the next steps that we might want to take to help people who are under water stress, which, as the hon. Gentleman pointed out, will still be a significant problem for people in the south-west after the support set out in the Bill is delivered. Of course, water stress is also a worsening problem in other parts of the country.

I am delighted to see that the hon. Member for Wakefield (Mary Creagh) is in her place. On Second Reading, when we debated this subject, I intervened on her and made the point that any social tariff within a water company area presents problems as well as opportunities. If there is to be a social tariff at a significant level for those experiencing the worst problems in an area such as the south-west, despite the fact that many people will benefit we must be aware that within an area with a small population, a huge amount of the funding for the tariff will be provided by people just above the qualification threshold. I am very worried that in-region social tariffs will be unable to deal with the problem. When the hon. Lady set out where she would like the Bill to be improved, she said that she would do something about national water tariffs. It is a shame that we do not have such a provision and Devon and Cornwall MPs have put the matter before the Government. I understand that there are issues with the Treasury’s response, as that might be regarded as a tax, but we must consider how we can address that situation.

I do not see how a league table will help, however. Indeed, it might mean that water companies were under pressure to introduce the tables in such a way that it might disadvantage those people about whom I was talking—those just above the threshold who will not benefit from the tariff but whose water bills will increase to pay for their hard-pressed neighbours.

[Andrew George (St Ives) (LD)]

My hon. Friend is making a very good point. At the risk of delaying the process of the Bill through the further elaboration on the amendments, does my hon. Friend agree that the best way of addressing the issue would be to seek the assurance of the Minister that the issue will be addressed in the forthcoming water Bill as quickly as possible after the Queen’s Speech?

[Dan Rogerson]

My hon. Friend makes an excellent point. The water Bill will be a further opportunity for us to revisit these issues and I welcome the fact that hon. Members across the House are still considering this matter as one that needs further exploration.

[Mary Creagh (Wakefield) (Lab)]

I want to reply to the hon. Gentleman’s point about league tables. The idea came from Ofwat and is meant to ensure that there is transparent information for customers, shareholders and the Government so that they understand who is levelling the tariffs, where they are going and where the money is going. That was Ofwat’s idea and I cannot claim any credit for it, much as I would like to.

[Dan Rogerson]

The hon. Lady is very generous in ascribing the idea to Ofwat. I suspect that Ofwat could probably do that anyway and would not need legislation; if it wanted to publish a league table, it could get the information. Ofwat would have information from companies about where the money was coming from and where it was going and could publish it without that needing to be on the face of the Bill.

[Miss McIntosh]

I remind my hon. Friend that, as those on the Opposition Front Bench might not be aware, the Select Committee had some very compelling evidence from the water companies about social tariffs paid for by charitable trusts from each water company.

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[Dan Rogerson]

I thank Madam Chairman—my hon. Friend—for putting that on the record. I am delighted that the Opposition Front Benchers support what the Bill seeks to do for bill payers in Devon and Cornwall and that they have chosen not to oppose it in any way. I do not think that the case is proven that either amendment 1 or new clause 1 will make a huge difference or improve the Bill significantly, but they do touch on two areas that I hope the Minister will address.

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

I call the Minister—

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[Simon Hughes]

As the hon. Gentleman knows, Thames Water has a very complicated corporate structure: the graphic picture shows that there are about 10 layers of corporate entities. At the top are investors Macquarie—an Australian company—and the new Chinese investor that was recently announced when the Chancellor was in China, and there have been other acquisitions.

We must not prevent Thames Water and its holding company, and its holding companies, from obtaining money from external investors; indeed, we need to encourage that. However, we, the Government and Ofwat must ensure that we do not condone, particularly in relation to Kemble Water, which is the relevant driving company, and Macquarie, a practice that is unacceptable in two respects. First, it allows the company to pay out in dividends to its shareholders very large profits while not retaining the money that it needs for its capital investment, thereby forcing it to come to Government and, in turn, to the taxpayer, to underwrite something for which it should not have had to come to the taxpayer. Secondly, these processes should not result in our corporate sector avoiding the taxes that we would expect it to pay. One of the issues for next week’s Budget is the need to ensure that people, personally and corporately, who can afford to pay their due taxes do pay those taxes. There has recently been a pretty unpleasant history regarding Kemble, Macquarie and Thames Water whereby people have paid far less tax than the hon. Member for Cities of London and Westminster and I would believe to be acceptable. They have been using various onshore and offshore mechanisms to avoid tax liabilities involving money that should have come back into the Treasury to the general benefit of the taxpayer.

Ofwat has said that on the previous two occasions when it carried out price reviews, it assumed, for the purpose of setting price limits, a gearing within the range of 55% to 65%. It worked from that starting point, although it was simply an assumption for the purpose of price setting, not a requirement. My suggested figure is therefore also a starting point to see whether we should write in a figure that requires a balance between payment out of dividends and the retention of capital and earnings to ensure that there is no abuse of the relationship with the taxpayer, to the detriment of the consumer.

At the end of the day, this is about the level of water bills for people in the Thames Water area. The current projection is that as a result of the Thames tunnel project, bills will rise by about £80 a year indefinitely. I do not want Thames Water to charge every ratepayer roughly £80 a year extra and, at the same time, not pay much money into the Treasury by way of tax and indefinitely siphon off huge amounts of profits to national or extra-national investors while we are paying for something that we ultimately do not own. There are parallels in the history of the private finance initiative regarding public sector investment in projects where the money then goes off into the private sector. The M6 toll road, in which Macquarie had an interest, has not been a happy tale of investment benefiting taxpayer and users, with some people apparently creaming off the profit to the disadvantage of those taxpayers and users.

[Dan Rogerson]

My right hon. Friend has set out a number of measures relating to safeguarding public investment. Is it fair to say that he is seeking to bring a far greater level of transparency where matters are a little opaque, particularly because we might see an emerging relationship between private companies and levels of public subsidy, and that makes the need for transparency paramount?

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[Simon Hughes]

That point is very helpful. I have raised this subject as a matter of general Government policy with my right hon. Friend the Chief Secretary to the Treasury, because it is not just an issue for the Department for Environment, Food and Rural Affairs, but an issue across Government and for the Treasury in particular. It is also a matter for the Public Accounts Committee, audit organisations and others. In a second, I will link the points that I have made with the PFI issue, which my hon. Friend just raised, and other places where we are spending public money on projects that are excessively encouraging or facilitating private gain to the disadvantage of the state and the taxpayer.

[Dan Rogerson]

My right hon. Friend is making some excellent points and shedding a little light on fairly shady areas of corporate restructuring. Sports fans are well aware of such things going on at their beloved sports clubs. He referred to Ofwat’s handling of the situation over a number of years. He has clearly raised the matter with the Department. In his scrutiny of these affairs, has he received any response from Ofwat on why it has not taken action up to now?

[Simon Hughes]

I have sought from Ofwat an explanation of its current policy. I have not sat down with Ofwat to go through what more it might do. I want to raise the matter here and see what colleagues think. There is a debate to be had about Ofwat and I hope that changes in what Ofwat does and how it behaves will come out of it. These issues also relate to other regulators, such as those for gas and electricity. This is an issue about regulators and private utilities.

The Secretary of State kindly replied to me, as the Minister knows. I will quote the key points from her letter that responds to the issues that I have raised in Committee. The first matter relates to the point made by my hon. Friend the Member for St Ives (Andrew George):

“I would first like to point out that it may not be Thames Water Utilities Limited who carry out the project. We have consulted on provisions that would enable the project to be delivered by a separate Infrastructure Provider to be regulated by Ofwat separately from Thames Water Utilities Limited. Any contingent financial support will be directed at assisting the entity that is building the Tunnel—and so not necessarily Thames Water Utilities Limited.”

I understand that. It does not change things, but it is important to realise that although Thames Water may be the supplicant, it may not be Thames Water that does the building.

The Secretary of State continued:

“The level of gearing and the securitised structure of Thames Water Utilities Limited is similar to that of some other water companies. Our and Ofwat’s analysis shows that contingent financial support from government would be required for Thames Water Utilities Limited (or any other water company) to build a single project of the scale and complexity of the Tunnel whatever its financial structure (within the norms for water companies).”

I do not dispute that. I am not denying that this is a very big project, or that it may need the reassurance that comes from being supported nationally, rather than just being the project of a regional water company.

The Secretary of State went on:

“Our goal is to ensure that the level of this contingent financial support is kept to a minimum and that we achieve best value for money for customers.”

Amen to both of those things. We all have the same objectives. She continued:

“It is in that context that we are considering whether the Tunnel should be built by the Thames Water Utilities Limited or a separate entity.”

The Secretary of State then discusses the question of where Ofwat’s rules currently bite. She states:

“Ofwat regulates each water and sewerage company in England and Wales under the terms of its Instrument of Appointment…The licence contains conditions aimed at ensuring that each water and sewerage company has sufficient financial and managerial resources to carry out its functions and that the regulated company is operated separately from the rest of the group.”

That is quite important. She continues:

“These licence conditions are collectively known as the regulatory ring-fence.

It is Ofwat’s view that it is for the management of each regulated water company to determine its own optimal financial structure.”

Within limits, I do not dissent from that, but it seems to me that Ofwat is there to hold the reins properly.

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[Dan Rogerson]

It is a great pleasure for those of us from the south-west to be talking about some measure of help for our constituents who have laboured for a long time under an unfair burden of very high bills. That is a legacy given to them by privatisation, which has hardly been mentioned without the word “botched” in front of it, certainly in the case of Government Members, but also Labour Members; I am delighted that they have followed the same pattern.

Two great injustices were done to my constituents at the time of water privatisation in the late 1980s and early ’90s. The second one, sadly, has become topical in the context of this debate.

The first injustice, as I have said, was the lack of a sufficient green dowry to deal with the huge cost of cleaning up the sewage along the beautiful coastline of Devon and Cornwall. That work has been done and has been funded by the bill payers of the south-west, through extra debts taken on by the company. We have praised the steps that the management of the company have taken in recent years to engage with the Government, Members of Parliament and their customers to get to where we are today. I would also like to pay tribute to former Members of this House who are not here to blow their own trumpet, although I am sure that they would be too modest to do so anyway. Linda Gilroy has been mentioned. I would also like to mention Julia Goldsworthy, the former Member for Falmouth and Camborne, who did a great deal both inside and outside this place to advance this cause.

The second injustice followed the incident in July 1988 in which 20 tonnes of aluminium sulphate was dumped into the water at the Lowermoor water treatment works. For about a fortnight, 20,000 residents in that part of North Cornwall were unaware that they were drinking a potentially poisonous cocktail. The aluminium sulphate generated acids that flushed out everything else in the pipes and it was in the water supply for many days. My predecessor, Lord Tyler, campaigned for a full inquiry into that issue before he was elected to this place and afterwards. The right hon. Member for Oldham West and Royton (Mr Meacher), when he was a Minister, at least commissioned a committee to look into the issue.

I am grateful for your forbearance, Mr Deputy Speaker, in allowing me to raise this matter today. The reason I do so is that Michael Rose, the West Somerset coroner, has issued a narrative verdict today on the sad death of Mrs Carole Cross in 2004. Her husband, Doug Cross, was one of the members of the committee, along with Peter Smith, a lay member who was from the area and experienced the incident. Doug Cross has been a tireless campaigner on behalf of the people who were affected by the incident. It is tragic that he lost his wife.

The coroner’s verdict today was that there was a “very real possibility” that the ingestion of aluminium contributed to the death of Mrs Cross. He also criticised the South West Water board for

“gambling with as many as 20,000 lives”

by not telling people about the incident for a fortnight. There was also evidence, thanks mostly to the work of Lord Tyler, the Western Morning News and others over the years, of a cover-up at the time of privatisation. The coroner said that it was “deeply suspicious” that the incident was handled in the way it was, due to the impending privatisation.

People in North Cornwall and elsewhere will want to reflect on what the coroner has said today. However, I believe that the many people who have been arguing for years in the face of the response from Government that what they experienced did not really happen and that the medical consequences were all in their minds will feel that there is some real progress. I hope that we will now start to get the answers that people should have had at the time of privatisation. I hope that the way in which the Minister and his colleagues have today dealt with the injustice of the inadequate green dowry will be matched by a proper inquiry into and discussion of the incidents following the pollution of the water at Lowermoor in 1988.

Question put and agreed to.

Bill accordingly read the Third time and passed.