Rivers Authorities and Land Drainage Bill

David Warburton Excerpts

2nd reading: House of Commons
Friday 8th February 2019 Commons Chamber

[David Warburton (Somerton and Frome) (Con)]

I beg to move, That the Bill be now read a Second time.

I am delighted to speak to a Bill on a topic that, unfortunately, can be close to us all, and sadly can have a devastating and dramatic effect on our constituents and many of us—flooding. The sad reality is that many of our constituencies have at some point experienced flooding, and some, such as mine, face the risk regularly. Flooding is a natural disaster that we have little means of preventing, and of course it occurs all over the world, as we have seen recently in Australia and America. However, we have the power to help our communities to better manage the risk of their homes and businesses being affected by flooding by taking precautionary action to be better prepared so that when the weather does turn out to be against us, there is less risk to life, livelihoods and property, and recovery is quicker.

I am sure that many of us have heard shocking accounts from our constituents, and many hon. Members will, like me, have seen such devastation themselves. The Bill will specifically help us to manage better the risk of flooding and to improve our water management and, vitally, our environment. Hon. Members will remember the devastating flooding that hit the country during the winters of 2013 and 2014. The widespread flooding covered all four corners of the country, as we experienced the wettest winter for 250 years. Some 11,000 properties were flooded, and the total economic damage for England and Wales is estimated at £1.3 billion.

In Somerset, water entirely covered the levels and moors and devastated the land; 150 sq km of land was submerged for many weeks. According to the Environment Agency, 100 million cubic metres of water covered Somerset’s otherwise green and pleasant land. By my reckoning, we were up to our necks in 40,000 Olympic swimming pools-worth of water. Lives, homes, businesses and infrastructure were all affected, and I will never forget making visits to the village of Muchelney in 2014 not by road, but by boat. I stood in people’s houses that not only were waist deep in water, but had been flooded only 12 months before. Livelihoods really were driven to the brink, and people were understandably driven to despair. The cost to Somerset was estimated at £147 million.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I congratulate my hon. Friend on introducing this important Bill, which will help his constituents and many of ours. He said that flooding affects all four corners of this country. Perhaps the Minister may be able to pick this up, but the explanatory notes and the Bill’s territorial extent and application clause refer only to England. A subsequent subsection refers to the legislative competence of the Scottish Parliament and so on, but will my hon. Friend or perhaps the Minister explain what will happen to the whole United Kingdom? My hon. Friend is bringing forward such important matters that the Bill should touch our whole United Kingdom.

[David Warburton]

My hon. Friend is right that the Bill refers to England alone. It does not cover the separate competency that the Scottish Parliament will have. I am sure that my hon. Friend the Minister for Agriculture, Fisheries and Food will explain more about that.

After the devastation of the 2014 floods came grief and blame, and finally—thankfully—a desire to take action. I am sure that these thoughts are replicated after every disaster. One action that was taken was the creation of a 20-year flood action plan for the area. This was done at the sensible request of my right hon. Friend the Member for North Shropshire (Mr Paterson), the then Environment Secretary. A key innovation that came from that plan was the creation in 2015 of a new body, the Somerset Rivers Authority. Since then it has overseen more than 120 projects.

The first measure in my Bill will allow for the creation of rivers authorities. They will be locally accountable flood risk management authorities with the power to issue a council tax precept. A rivers authority will bring together other local flood risk management authorities and use the precept to fund additional local flood risk management work. Such a body could be created anywhere in England where there is local support, and if proposed by a flood risk management authority.

We are fortunate in Somerset that we already have such a body, but we need the Bill to incorporate it fully. In doing so, the Somerset Rivers Authority would be able to secure its future. A flood risk management authority would have duties and would, for the first time, be able to put its finances on a stable footing as a precepting body. The Bill includes additional safeguards for local tax payers, of course, and would allow the rivers authority to plan its water and flood management schemes into the future and thereby create a safer, more secure environment for us all.

[James Cartlidge (South Suffolk) (Con)]

I congratulate my hon. Friend on bringing forward this important Bill, but is there not an issue with the Environment Agency’s role? In Suffolk, it has pulled back from some of its responsibilities—in many ways, quite understandably. Would this new authority not, in effect, be performing roles that many of my constituents would argue the Environment Agency should be performing?

[David Warburton]

My hon. Friend reads my mind. I was about to come to that point. The Somerset Rivers Authority brings together the county council, the five district councils, the Environment Agency, the Wessex Regional Flood and Coastal Committee, Natural England and the three internal drainage boards. In other words, it does not usurp the position of any of those partners but, rather, complements them. It brings everyone together to provide this very special part of the west country with additional and vital flood protection and resilience.

The Somerset Rivers Authority is currently funded through a shadow precept on local council tax payers. This funds projects such as additional maintenance for rivers, watercourses and many locally significant structures. It also contributes towards other projects, such as upgrading and securing the River Sowy and King’s Sedgemoor drain; much-needed dredging and monitoring of silt build-up; unblocking, clearing and repairing culverts and gullies; clearing away 1,000 extra tonnes of debris from 60 miles of road edgeways; maintaining a new flood alert system for two major roads; natural flood management in both rural and urban areas; and better land management and the uptake of sustainable drainage systems.

The Somerset Rivers Authority will also continue to work with and help communities, households, businesses and landowners to become more resilient to flooding and its impacts. As ever, this includes encouraging greater participation in groups and networks, and identifying and supporting our most vulnerable people. All this work has kept our waterways functioning and—so far—our feet dry, but now we need the final piece to secure the future of the rivers authority.

Alongside rivers authorities, there are other important bodies that tackle flood risk management, such as our internal drainage boards. In Somerset, we are, as ever, fortunate, because we have three—Axe Brue, North Somerset Levels and Parrett—and I am aware of others across the country and of hon. Members who support their work. These bodies maintain watercourses, reduce flood risk to people and property, and manage water levels for agricultural and environmental needs within their internal drainage district.

Some parts of England, however, do not have the benefit of an internal drainage board. Enabling the creation of new internal drainage boards, or the expansion of existing ones, requires a change to the Land Drainage Act 1991, and that is what the second measure in my Bill would do. In essence, the problem is down to incomplete ratings data. The Act requires an amendment to accept a newer ratings dataset that could be used to create new charging methodologies. It is important to stress that these new methodologies would use existing tax data and would not be a new form of taxation.

Internal drainage boards are mainly funded via charges levied on the communities they serve. The first—drainage rates—is paid by agricultural landowners, while the second, which is a special levy, is paid by households and businesses. The new charging methodologies would enable these charges to be apportioned using up-to-date council tax and business rates data. To ensure that the apportionment calculation is up to date and to reduce the risk of imbalance on either side, this measure would update both charging methodologies.

As I said at the start of my speech, we are all aware of the potential wide impact and terrible aftermath of flooding. The Bill helps to deliver greater protection through two different but equally important public bodies. Hon. Members owe it to our constituencies, communities and anyone who has been flooded or is at risk of flooding to take all possible steps to mitigate that risk. The measures in this Bill are enabling; nothing will be forced, and only where there is local support will the Government be able to act. However, without the Bill, the Government cannot act, so I very much hope it strikes a chord with Members in the Chamber and that it will have unanimous support.

I would like to put on record my sincere thanks to both the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey)—unfortunately she is unable to be present for the debate as she is opening the new Ipswich barrier—and the Government for their support in this process. I think I speak for Somerset and indeed other parts of our country when I say that we all hope that the Bill will enable local action to be taken so that we will see dry feet and nothing leaking over the tops of our wellies for some years to come.

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[David Warburton]

I thank the Minister for his support and indeed for remembering his wet visit to Somerset four years ago. I also thank the Government and the shadow Minister for their support.

It was lovely to hear from so many hon. Members. It was interesting to hear the reflections of my hon. Friend the Member for Banbury (Victoria Prentis) about the winter of 2015-16. We also heard about trouble at t’mill from my hon. Friend the Member for South Suffolk (James Cartlidge). My hon. Friend the Member for North Devon (Peter Heaton-Jones) was quite rightly envious of Somerset. It was also nice to hear my hon. Friend the Member for Torbay (Kevin Foster) forgo his customary forensic analysis in the case of this Bill.

I am grateful to everybody for their support, and I look forward to this level of consensus continuing as the Bill moves forward to its Committee stage.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

Rivers Authorities and Land Drainage Bill (First sitting)

David Warburton Excerpts

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

[The Chair]

With this it will be convenient to consider the following:

That schedule 1 be the First schedule to the Bill.

That schedule 2 be the Second schedule to the Bill.

[David Warburton (Somerton and Frome) (Con)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I thank all hon. Members for joining the Committee to discuss this important issue on this rather busy week. I introduced the Bill to the House a little over a year ago. I am grateful that it has progressed this far, and I very much hope that it makes it to the statute book. Hon. Members will recall that there is support for my Bill from across the House, and I hope that good spirit continues.

Clause 1 and schedules 1 and 2 provide the Secretary of State with powers, via regulations, to establish new bodies known as rivers authorities. On Second Reading, I and other hon. Members recalled the impact that flooding can have. It is truly devastating for all involved and, unfortunately, it can happen again and again. In fact, chroniclers described how, 400 years ago, Somerset was covered with

“huge and mighty hills of water”

that moved “faster than a greyhound”. Unsurprisingly, that was not the last time that happened, as we saw in the winters of 2013 and 2014. Statistics show that the devastation on that occasion was staggering. As the water receded, the people of Somerset argued for something to be done to avoid a repeat of their suffering.

That is where the idea of rivers authorities was formed. Since 2015, Somerset has paid for and benefited from its own rivers authority. My Bill takes the steps necessary to formalise that arrangement and secure the Somerset Rivers Authority’s future. It also opens up the opportunity for other areas to introduce rivers authorities, as long as there is due process and local support.

Rivers authorities will be flood risk management authorities. That is achieved by subsection (2) of clause 1, which amends the Flood and Water Management Act 2010 to include rivers authorities in the definition of risk management authorities. That helps to ensure that rivers authorities co-operate with other risk management authorities, and enables them to share information for that purpose. It also ensures that they contribute to the achievement of sustainable development. That is a key part of the Bill. Rivers authorities will work with other risk management authorities and other local parties to provide local flood risk management work, in addition to anything the Government, the Environment Agency or other risk management authorities do. Consequently, they will provide a higher level of flood risk management in their area of operation.

To fund that important work, rivers authorities will also become major precepting authorities, via the amendment to the categorisation of major precepting authorities in section 39(1) of the Local Government Finance Act 1992 effected by schedule 2 to the Bill. That allows a rivers authority to issue a precept, which will be collected from local taxpayers by the relevant billing authority. That funding will be ring-fenced to ensure it is spent on flood risk management. The precept will be charged by the rivers authority across the whole of its area, in the same way that other precepting authorities charge. That is all under the premise of delivering additional flood risk management interventions, thereby helping to reduce the risk of flooding.

Clause 1 also amends the Flood and Water Management Act 2010 to insert new sections 21A to 21J. Hon. Members will have to forgive me for delving a little deeper into some of them. New section 21A provides the power to create a rivers authority and sets out the conditions that must be met. The first is that a rivers authority must consist of the whole of one or more local authority areas. The second ensures fairness for households in the area by requiring that it does not overlap with another rivers authority.

New section 21B provides the Secretary of State with the power to make regulations about an initial shadow period for a rivers authority before it is established on 1 April. That enables the rivers authority to carry out preparatory functions ahead of its first year of operation.

New section 21C makes clear what can be provided for in regulations about the composition of a rivers authority, including matters relating to governance and remuneration. That includes the proper administration of its financial affairs—a key requirement, as rivers authorities manage public funds. Subsection (7) ensures that a rivers authority has a committee with sole responsibility for making the calculations in relation to the annual precept. The Government will ensure that such a committee will have a majority of members from local authorities’ elected members. That will ensure that those who are democratically elected are held accountable for the level of precept that a rivers authority raises.

New section 21D applies certain provisions of the Local Government Act 1972 on committees and local government procedure in relation to a rivers authority. Subsection (5) gives the Secretary of State the power to make further provision about the proceedings of a rivers authority or any of its committees or sub-committees.

New section 21E sets out the main functions of a rivers authority, one of which is that it will prepare a plan of flood risk management work for the coming financial year by all the risk management authorities. The rivers authority will use this to identify opportunities for co-ordination, gaps and omissions. If there are gaps in the local plan, the rivers authority must publish a plan of proposed additional flood risk management work. It must supplement the work that existing risk management authorities have already planned to carry out.

[Peter Heaton-Jones (North Devon) (Con)]

My hon. Friend is making a very powerful speech. The co-ordination role of a future rivers authority is key for me across the border in North Devon, where there are a number of organisations that do very good work, including internal drainage boards, a group call the Marsh Inspectors, which was set up by legislation in the Victorian era, the Environment Agency and the various local authorities. It is sometimes difficult to co-ordinate all that and ensure we have an overall plan. Does my hon. Friend agree that what is welcome about this idea is that it will provide that co-ordination?

[David Warburton]

I absolutely agree. The point of the rivers authority is the central co-ordination of risk management authorities, which will ensure that people are not operating in separate areas and attacking things in a disco-ordinated way. It is about co-ordination and bringing things together to plan strategically.

[Rebecca Pow (Taunton Deane) (Con)]

I applaud my hon. Friend for introducing this Bill. I am a fellow Somerset MP, and this is much needed after the devastating flooding that we all experienced and never want to see again. I praise him and the Environment Minister for their involvement with this. The key is that we now do not have to have a shadow precept. The Bill ensures money and financing so we can tackle flood risk reduction work properly and get an environmental gain from it. That will now be on a much firmer footing, and we can guarantee that it will not stop.

[David Warburton]

My hon. Friend is precisely right. It is about planning for the future, and sustainability in the Somerset Rivers Authority. At the moment, it lives from hand to mouth and the local authority pays it voluntarily. Although £2.5 million of taxpayers’ money goes into it, it has no certainty about whether that will continue in five years, three years and so on. The Bill provides that certainty and the safety that the residents of Somerset deserve.

As I said, if there are gaps in the local plan, the rivers authority must publish a plan of proposed additional flood risk management work, which must supplement the work that existing risk management authorities have already planned to carry out. That will help ensure that work is not left for a rivers authority to pick up on another body’s behalf. The rivers authority can then either fund a relevant risk management authority to do the additional work, or contract someone else to carry out the work on its behalf.

[Sandy Martin (Ipswich) (Lab)]

I think that we can all support the idea of having one agency that will do all this work. However, is there not a danger that in the areas where the work is needed the most, there will be far higher expense than there will be in other parts of the country, and that this will not in any way enable central Government to step in when there is an emergency or when a serious amount of capital work needs to be done?

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[David Warburton]

The Government have increased investment in flood risk mitigation enormously. Between 2016 and 2021, the Government are investing £2.6 billion in building 1,500 new flood defence schemes to protect more than 300,000 homes. This measure in no way constitutes the Government reneging on their responsibilities. It is about local people supporting local flood risk management in the way they already do, but putting that on a statutory footing so that they have security into the future.

Proposed new section 21F provides that a rivers authority has the power to do “anything that is calculated to facilitate, or is conducive or incidental to, the carrying out of its functions.”

That includes the power to enter into contracts and other agreements and to acquire and dispose of property, including land.

Proposed new section 21G establishes that the Secretary of State

“must prepare and publish a national framework for rivers authorities”,

which these authorities must comply with. The national framework

“must set out priorities and objectives for rivers authorities in connection with the exercise of their functions”

and may contain guidance on transparency, accountability and scrutiny arrangements.

Proposed new section 21H allows the Secretary of State to change the boundaries of a rivers authority area by regulations if a risk management authority within the area puts forward a proposal for that or if the Secretary of State thinks it necessary in consequence of local government reorganisation. The new rivers authority area must, of course, comply with the conditions set out in proposed new section 21A.

Proposed new section 21I enables the Secretary of State, by regulations, to wind up a rivers authority. Before making the regulations, the Secretary of State must consult certain parties, as set out in proposed new section 21J. That section makes further provision about regulations relating to rivers authorities. The main points are that all regulations will be made under the affirmative procedure and, before making certain regulations, the Secretary of State must consult certain parties, including the rivers authority itself, the relevant risk management authorities, Natural England, persons liable to pay council tax within the area of the rivers authority and such other persons as are considered appropriate.

Clause 1 also gives effect to the two schedules to the Bill. Schedule 1 makes consequential amendments to the Flood and Water Management Act 2010. It also sets out the procedure for establishing a rivers authority. That includes the fact that a relevant risk management authority must submit to the Secretary of State a scheme proposing the establishment of a rivers authority. Prior to that, any draft scheme must be consulted on. The consultees include persons liable to pay the precept, and the consultation period must not be less than six weeks. The Secretary of State has the power, before making regulations, to cause an inquiry to be held and can consult on the regulations if they differ significantly from the original scheme. That builds on the requirement that the local community support the proposal.

Schedule 2 makes consequential amendments to local government legislation. In particular, it adds rivers authorities to the category of major precepting authorities, enabling one to issue a precept across its whole area. Rivers authorities will also be subject to the council tax referendum regime set out in the Local Government Finance Act 1992.

This versatility demonstrates one of the strengths of such a model: a rivers authority can identify and support small-scale projects that contribute localised benefits and support large-scale projects that could protect thousands of homes and businesses.

--- Later in debate ---

On the points raised by my hon. Friend the Member for North Devon, there is no anticipation that any of the Devon authorities will be directly involved, but I have no doubt that, under the principles of transparency, any collaboration that is needed will be welcomed by the rivers authority. With that, I support the clause.

[David Warburton]

I am grateful to the shadow Minister and the Opposition for their support, and to the Minister for her support throughout this process and for fending off those questions with such dexterity. There is nothing left for me to say, which is something of a joy.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Valuation of other land in drainage district

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 1, in clause 3, page 14, line 11, leave out “Data Protection Act 1998” and insert

“data protection legislation (within the meaning of section 3 of the Data Protection Act 2018)”.

This amendment updates an outdated reference to the Data Protection Act 1998.

Clauses 3 and 4 stand part.

[David Warburton]

We move on to the second part of the Bill. Hon. Members will be pleased to hear that I will endeavour to be briefer in my comments about these clauses.

Another important body involved in water management that helps tackle flood risk management is the internal drainage board. Clauses 2, 3 and 4 cover internal drainage boards and, in particular, how they determine the drainage rates and special levy, which are used to meet most of their expenses. As Members will know, internal drainage boards provide an important service to their local area by maintaining water levels for agricultural and environmental needs, managing water courses and reducing flood risks.

An IDB operates within an area that is known as an internal drainage district. In Somerset we are fortunate—as we are in so much else—because we have three IDBs: the Axe Brue, the North Somerset Levels, and the Parrett. Two of those cover some of my constituency, and I have personally seen the hard work that they undertake. As the Minister mentioned, on the low-lying ground of the Somerset levels, much of which is below sea level and is intended to flood annually, though in a managed way, drainage board work is crucial and exceptionally important to us all.

[Peter Heaton-Jones]

My hon. Friend is making a good point about the importance of the internal drainage boards, which gives me—and him, I suspect—the perfect opportunity to celebrate the work of the Braunton Marsh internal drainage board in North Devon, which has been in the eye of the storm. Hon. Members might remember coverage of the Braunton floods over the Christmas period of 2012, when, sadly, the village was inundated. Unfortunately, many businesses never recovered from that. The drainage board, working with a number of other organisations, has done fantastic work in bringing together a lot of the flood risk management strategies. They are important, and that is why the second part of my hon. Friend’s Bill, on which he is speaking so fluently, is so welcome.

[David Warburton]

I am grateful in many ways to my hon. Friend for his exceptionally important intervention. He is absolutely right that the drainage boards do tremendous work and are vital. We are lucky to have them. One of the important things about the Bill is that it will facilitate other places’ setting them up—something which they are unable to do at the moment.

In total there are 112 internal drainage boards across England, which cover some 1.2 million hectares—around 10% of the land. The work they do protects 600,000 people and nearly 900,000 properties. They operate and maintain over 500 pumping stations and 22,000 km of watercourse, which is slightly further than from this room to New Zealand. Those are incredible numbers, but there is scope to increase that local support and allow more of the country to benefit. However, to enable this support to be available where it is wanted and where it is appropriate, the Land Drainage Act 1991 needs to change.

Internal drainage boards are funded by the areas they serve. Drainage rates are paid by agricultural landowners, and the special levy is paid by local district or unitary councils, which in turn recoup these costs. Under the Land Drainage Act 1991, the proportion of IDBs’ expenses raised by drainage rates is equal to the agricultural proportion of land values in an internal drainage district. In turn, the proportion of expenses raised by the special levy is proportionate to the value of all other land in the internal drainage district.

The calculations that IDBs are required to carry out, in order to apportion the payment of their expenses between the drainage rate and the special levy, depend on an assessment by each IDB of the relative value of agricultural land and buildings, and the value of other land. However, the assessment of the value of other land in internal drainage districts currently depends on data from 1990, which, unfortunately, in many instances is missing or incomplete. This prevents the creation of new IDBs or the expansion of existing ones.

This part of the Bill amends the Land Drainage Act 1991, to enable new data to be used by internal drainage boards when calculating the value of other lands, if they elect to do so, thereby addressing the current barrier to creating or expanding IDBs. Clause 2 amends section 37 of the Land Drainage Act 1991 to enable the Secretary of State to make regulations that provide an alternative methodology for calculating the value of other land. The regulations will be made subject to the affirmative procedure. In the new regulations, the Secretary of State will be able to provide a methodology for calculating the value of other land by making use of data that is not only available and complete, but more up to date.

Among other things, proposed new subsection (5ZB) of the 1991 Act will allow the regulations to make provision about methods to be applied or factors to be taken into account in valuing other land. This proposed subsection allows the regulations to provide for internal drainage boards to elect to have the regulations apply to them and to specify a procedure for making such an election. The IDBs would not have to adopt the new methodology; the Bill provides them with the ability to adopt it if they wish. That benefits those that do not wish to change their procedures; if they do nothing, nothing will change.

IDBs will need access to information from the Valuation Office Agency—the executive agency of Her Majesty’s Revenue and Customs—to calculate the value of other land using a new methodology set out in regulations. Clause 3 provides a power enabling the VOA to share revenue and customs information with IDBs—

[Dr Coffey]

I encourage my hon. Friend to leave the IDBs for the next part of his speech.

[David Warburton]

Before speaking to clause 3, I need to address amendment 1—which I was just about to do, obviously. Since I introduced the Bill, new data protection legislation—the Data Protection Act 2018—has come into force, and the amendment updates the Bill to reflect that. Rather than simply changing the year of the Act mentioned, the amendment refers to data protection legislation as defined in section 3 of the 2018 Act, which means that it incorporates other related and relevant data protection legislation, including the general data protection regulation and related secondary legislation.

Returning to clause 3, proposed new section 37A(5) of the 1991 Act enables the appropriate national authority—the Secretary of State or Welsh Ministers—to update and/or amend references to qualifying persons and/or qualifying purposes by regulations to be made under the affirmative procedure. Proposed new subsection (8) ensures that such regulations may be made only with the consent of the commissioners for HMRC.

New section 37B provides restrictions on onward disclosure of Revenue and Customs information. In essence, all onward disclosure is prohibited unless it meets certain criteria, as set out in subsection (1). Subsection (2) sets out the circumstances under which information may not be disclosed by the VOA without the consent of the commissioners for HMRC. It is an offence if a person contravenes the first two subsections by disclosing information relating to a person whose identity is specified in or can be deduced from such a disclosure, as is set out in subsection (4). The associated penalty of imprisonment, a fine or both is set out in subsection (6). Finally, new section 37C sets out further provisions about disclosure of information under the previous new sections, such as the conditions under which the data issued by the VOA would be exempt from the Freedom of Information Act 2000.

While clause 2 amends the Land Drainage Act 1991 in respect of calculating the value of other land, clause 4 makes amendments in respect of calculating the value of chargeable land—namely, agricultural land and buildings. Clause 4 inserts new section 41A into the 1991 Act, enabling the Secretary of State to make regulations, again by the affirmative procedure, to establish an alternative methodology for calculating the value of chargeable land. Although the issue of missing or incomplete data does not affect the 1991 Act’s method for calculating the value of chargeable land, the change is necessary to reduce the risk of imbalance on either side of the apportionment calculation. The Secretary of State will be able, within the new regulations, to provide a new methodology for calculating the value of chargeable land that makes use of more recent data than that dating back some 30 years.

New section 41A(3) allows the regulations to make provision about the methods to be applied or the factors to be taken into account in valuing chargeable property, including land. As before, subsection (9) allows the regulations to provide for IDBs to elect that the regulations apply to them and to specify the procedure for making such election. As I mentioned in respect of clause 2, that means that they can determine whether to adopt the new methodology and, if they do not wish to do so, nothing will change. Together, the changes will enable new, complete, available data to be used to provide alternative, fair methodologies for the calculations, which fairly apportion payment of IDB expenses between the drainage rate and the special levy.

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[Dr Coffey]

My hon. Friend makes an important point, which just goes to show how committed farmers and landowners are to improving and enhancing the natural environment in whatever way they can. The flow of water can have a significant impact on nature, and not only in landlocked areas. Members with coastal constituencies will be aware of saltmarsh and intertidal habitats that are critical for the conservation of many special species. I agree with my hon. Friend and support the work going on in Somerset.

[David Warburton]

I am grateful to the Minister for fielding all the questions so well. My hon. Friend the Member for Taunton Deane is well known as a passionate advocate of environmental matters. She is right that the Somerset biodiversity action plan is exciting and that the IDBs will play an integral part in ensuring that our splendid Somerset heritage is maintained.

[Sandy Martin]

Is it not the case that making more provision for wildlife and helping to keep any possible river flooding upstream also creates savings for people downstream? Will there be any mechanism for those savings to be used to compensate upstream agricultural operations that might lose out financially?

[David Warburton]

The hon. Gentleman makes a good point. Drainage boards operate area by area, and those within the area will benefit. However, of course they work together and they understand the needs of surrounding areas. That brings us back to rivers authorities and the reason, perhaps, why my hon. Friend the Member for Boston and Skegness wants to bring them together and create a rivers authority. It is about working together in the best interests of us all.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Disclosure of Revenue and Customs information

Amendment made: 1, in clause 3, page 14, line 11, leave out “Data Protection Act 1998” and insert

“data protection legislation (within the meaning of section 3 of the Data Protection Act 2018)”.—(David Warburton.)

This amendment updates an outdated reference to the Data Protection Act 1998.

Clause 3, as amended, ordered to stand part of the Bill.

Clause 4 ordered to stand part of the Bill.

Clause 5

Consequential provision

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 6 to 8 stand part.

[David Warburton]

I turn to the last four clauses of the Bill, which are the usual final provisions that generally are found in one form or another at the end of a Bill.

Clause 5 confers powers on the Secretary of State to make consequential amendments by regulation. Any such regulations may amend, repeal or revoke any enactment, and where they amend primary legislation, they will be subject to the affirmative procedure to ensure parliamentary scrutiny. The Bill makes a number of consequential changes in the rather dense and opaque field of local government finance legislation, so it is possible that not all necessary changes have been identified. As such, it is prudent for the Bill to contain a power to deal with those in secondary legislation. Subsections (3) and (4) provide for the parliamentary procedure to apply to regulations made under the Bill.

Clause 6 simply covers the extent of the Bill—the legal jurisdictions in which the Bill forms part of the law. The Bill extends to England and Wales, subject to subsections (2) and (3). Subsection (2) sets out that an amendment made by schedule 2 has the same extent as the legislation it amends. That ensures that the Government can amend legislation with a wider extent than England and Wales. For example, the provisions of the Local Government and Housing Act 1989 amended by paragraphs 5 to 7 of schedule 2, extend to Scotland, although the amendments made are relevant only to rivers authorities in England. Subsection (3) sets out that clauses 5, 6, 7 and 8 extend to England and Wales, Scotland and Northern Ireland, because of the possibility that regulations under clause 5 may need to amend legislation that extends to Scotland or Northern Ireland as well as to England and Wales, for example tax legislation. Clause 1 and schedules 1 and 2 apply to England only. Clauses 2, 3 and 4 apply to England and Wales, for which the Welsh Government will secure a legislative consent motion from the Welsh Assembly.

Clause 7 sets out the arrangements for commencement of the different provisions in the Bill and how they will be brought into force. Subsection (5) allows the Secretary of State to include transitory or saving provisions in commencement regulations. That does not apply to clauses 2, 3 or 4 insofar as they relate to internal drainage districts that are wholly or mainly in Wales. Subsection (7) gives Welsh Ministers the equivalent power for clauses 2, 3 and 4 insofar as they relate to internal drainage districts that are wholly or mainly in Wales.

Finally, clause 8 provides for the short title of the Bill once it becomes an Act, as I hope it does, on Royal Assent. The short title will be the Rivers Authorities and Land Drainage Act 2019.

[Luke Pollard]

The Opposition have no problem with any of the clauses. It would be good if the officials who beaver away behind the scenes could make the manuscript change to correct “2018” to “2019”. I thank the hon. Member for Somerton and Frome for the way he has conducted himself and listened to cross-party concerns during the Bill’s passage. The Opposition will support these clauses, and the entire Bill, should they be pressed to a vote.

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[David Warburton]

I am very grateful to colleagues who gave up their time on such a busy week, and to the shadow Minister and Opposition Members for their support. I am immensely grateful to all those who participated in the Committee, and indeed to all those who did not participate but enjoyed the—

[Kevin Foster (Torbay) (Con)]

Spectacle.

[David Warburton]

Yes, the spectacle and the ride.

I thank the Clerks very much for their superb and invaluable guidance, the Whips from all parties, the team from the Department for Environment, Food and Rural Affairs—particularly Will Harrington, who has been tremendous—and of course my hon. Friend the Minister, who has been instrumental in getting us this far and fabulously supportive throughout. May I also thank you, Mr Bailey, for your excellent chairmanship? I hope that hon. Members support the final clauses, and I commend the Bill to the Committee.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clauses 6 to 8 ordered to stand part of the Bill.

Schedules 1 and 2 agreed to.

Bill, as amended, to be reported.

Rivers Authorities and Land Drainage Bill

David Warburton Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 15th March 2019 Commons Chamber

[David Warburton (Somerton and Frome) (Con)]

I beg to move, that the Bill be now read the Third time.

Before I talk about the Bill, I would like to associate myself with the comments from across the House about the appalling events in New Zealand, which cast a shadow over us all today. I have no words that are truly sufficient.

I congratulate my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) on successfully steering their equally important Bills through the House. Let’s go for the hat-trick.

It is over a year since I first presented the Bill to the House. Not long after, the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the hon. Member for Suffolk Coastal (Dr Coffey), and I took part in an Adjournment debate on rivers authorities. Rather a lot has happened in those 12 months, not all of it particularly good, so I am delighted that in the last five weeks the Bill has moved from struggling to putting its head above the water in the long list of private Members’ Bills and then—with, I hope, the House’s support today—into the other place.

[Bob Stewart (Beckenham) (Con)]

That was a pun.

[David Warburton]

Yes, there was a pun there. I thank all those who have made this possible, particularly those who joined in the Committee stage, and I am grateful for the cross-party consensus and support, which has been very important and valuable.

My Bill covers the important topic of water management, particularly flooding. The House has debated flooding many times, and not just in respect of this Bill, so I know that we are all well aware that it is truly devastating and that such devastation can be wide-ranging and long-lasting. Many of our constituents, and some of us in this House, have had terrible direct experience of the effects and power of flooding, and anything we can do to help them help themselves, in addition to the record investment from this Government, which we should note, can only be a good thing.

Whether directly affected or not, no one in the House will not recall the images of inundated communities during the floods of 2007 and 2013-14 and of the winter of 2015-16, which impacted on so many people across our country. We must not forget, either, the other localised flooding that has affected many others between and since those events.

[Rachel Maclean (Redditch) (Con)]

I am delighted that my hon. Friend has touched on the relevance of his Bill to areas apart from Somerset—we all remember the flooding there. Is it his contention that the measures in the Bill could be used to create bodies to manage flooding in other areas of the country?

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[David Warburton]

I am grateful for that important intervention. It is important to note that, while the Bill nominally allows for new rivers authorities to be set up, with local support and after consultation, anywhere in the country, there is no particular desire or need for that at the moment, as far as I am aware. That said, the measure is there.

[The Minister for Agriculture, Fisheries and Food (Mr Robert Goodwill)]

I am pleased to signify early on that the Government will support my hon. Friend’s Bill.

[David Warburton]

I am very glad to hear it.

As we experienced just this week with Storm Gareth, which brought high winds and heavy rainfall, we are powerless to control the weather, but that is not so with flooding. Things can be done to reduce the likelihood and the impact of floods. We can and we do help our communities to better manage the risk of flooding of their homes and businesses by constantly assessing the risk and taking strategic action to be better prepared so that when the weather is against us, there is less risk to life, livelihoods and property and recovery is quicker.

[Bob Stewart]

My hon. Friend refers to weather, to which flooding is obviously directly attributable, but in my constituency the water table rose and it was almost impossible to get rid of the water. It just kept coming and flooded a huge number of houses, particularly those with cellars. I do not understand what we can do about that.

[David Warburton]

I am no expert on water tables or the flooding of cellars, but that is exactly the kind of work that our internal drainage boards and other risk management authorities manage daily. The purpose of the Bill is to bring the work of those bodies together and add to their weaponry, so that they can work to help us all. To help to deliver that, my Bill will specifically provide opportunities for local partners and communities to better manage the risk of flooding and to improve water management, which will also have other benefits. The Bill will achieve that through the two types of public body that it covers.

The devastating floods that hit my constituency and those of other Members during the winters of 2013 and 2014 will forever be ingrained in my mind. I apologise to Members present who attended previous debates on the Bill and have heard this before—I will not go into all the details—but the events really were shattering for Somerset. I recall travelling by boat on what ought to have been roads on the Somerset levels and moors, and standing in people’s houses that were not only waist-deep in water but had been flooded only 12 months before.

From adversity comes opportunity, though, and neighbours and communities in Somerset came together. Members of those communities wanted to take action to reduce the chances of such flooding happening again and properly to manage the risk. The people of Somerset were keen to take ownership and proposed the creation of a new locally funded public body known as the Somerset Rivers Authority. I thank the Government for their support for the idea, and the SRA itself for the benefits its hard work has already provided since its inception, even though it is currently non-statutory and unincorporated. Members will be pleased to know that the Bill does not purely contain powers formally to establish the Somerset Rivers Authority, but rather enables the creation of rivers authorities wherever there is local need and support and due process is followed.

The Bill’s first measure will enable the creation of rivers authorities, which will be risk management authorities and major precepting authorities. They will be able to issue a council tax precept each year, to be used for local flood risk management activities in addition to those already undertaken by the Environment Agency, IDBs, local authorities and others.

Although a rivers authority would need to encompass an entire local authority area, if desired it could span any number of local authority areas, thus providing a level of joined-up strategic planning where appropriate. Rivers authorities will be locally accountable bodies that work with all risk management authorities, including water companies, to help reduce the local risk of flooding from all sources. They will use the funding provided by the precepts to undertake such work as will benefit their entire areas of operation. The rivers authorities model is very much one of collaboration and enabling the use of knowledge and expertise to deliver for communities. A rivers authority is not there to usurp any other organisation or the Government’s and the Environment Agency’s important work throughout the country.

Although, as I have said before, Somerset is fortunate, as in so much else, in already having its own rivers authority. The Bill is the final piece in incorporating that authority formally and ensuring that it has a secure future.

[Rachel Maclean]

I note that the Bill will bring with it powers to levy a precept on council tax payers. I am concerned about local council tax payers having to pay more. Will my hon. Friend enlighten the House on what he thinks the amount of the precept will be and how it will affect local council tax payers?

[David Warburton]

I am grateful to my hon. Friend for that intervention, because it is important to clarify this. The Somerset Rivers Authority is already paid for by local council tax payers, to the tune of £2.5 million a year. That money comes in the form of a voluntary payment from the local authority to the rivers authority, which means that it has no security for the future. The rivers authority cannot enter into long-term contracts or plan strategically for the future. The Bill will provide it with assurance that it will be able to provide the kind of levels of water management that we need in the future. There need not necessarily be any change to the amount paid by local taxpayers.

In advance of a rivers authority being created, there must be a proposal and there must be local support. The Government will not, and indeed cannot, under the auspices of this Bill impose a rivers authority anywhere, but will consider those who want to propose such a body by setting out their policy intent for rivers authorities through a national framework. The details for any agreed rivers authority will be set out in secondary legislation specific to each one.

Assuming that my Bill makes it to the statute book, as I very much hope that it will, I will politely and respectfully press the Government to issue their national framework as soon as possible and will then pursue local partners to bring forward their proposals, which will finally allow for the Somerset Rivers Authority to be formally created under this legislation.

There are other already important risk management authorities in England. One type of such body is internal drainage boards. IDBs maintain watercourses, reduce flood risk to people and property and manage water levels for agricultural and environmental needs within their internal drainage districts. There are currently 112 IDBs across England, covering roughly 10% of the country, so Members will be aware of them and the important work that they do. However, there are gaps that some might wish to fill.

Internal drainage boards mainly fund their work through a charge on the communities that they serve. Agricultural landowners are liable for drainage rates, and local authorities are liable for the special levy. The special levy charge, and the methodology that sits behind it, is based on ratings from 1990, as set out in the Land Drainage Act 1991, but, unfortunately much of the data is missing or incomplete. The second measure in my Bill therefore amends the Land Drainage Act to accept newer ratings data that could be used to create new charging methodologies.

To ensure that the apportionment calculation between the two charges is up to date, and to reduce the risk of imbalance on either side, that measure will also allow for an update to the drainage rates charging methodology. Once the regulations are in place, the new data and charging methodologies will enable the creation, finally, of new internal drainage boards, or the expansion of existing ones, where this is wanted. I know that there is enormous pressure for that from hon. Members up and down the country. I stress that both those measures in the Bill are enabling powers and require local support before the Government can act.

As I said on Second Reading, this Bill helps to deliver greater protection through two different, but equally important, public bodies. We in this place owe it to our constituencies and our communities, and to anyone who has been flooded or is at risk of flooding, to take all possible steps to mitigate that risk. With the support of the House today, discussion and scrutiny of this Bill will, I hope, continue in the other place. I very much look forward to following its discussions with interest. I commend this Bill to the House.

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[David Warburton]

With the leave of the House, I should like to say that I am enormously grateful for the support that I have received for the Bill from across the House. I am grateful to the Minister and the shadow Minister and to Opposition Members and hon. Friends who are in the House today.

It was great to hear the sensible observations of my hon. Friend the Member for Dudley South (Mike Wood), and it is always good to hear my hon. Friend the Member for Banbury (Victoria Prentis) talk about her grandfather’s drain obsession, even though that obsession is not shared by my hon. Friend the Member for Redditch (Rachel Maclean). I did not think that my hon. Friend the Member for Boston and Skegness (Matt Warman) was a gloom bucket, as he said he was. I thought his proposals were very constructive.

I also want to say thanks to my hon. Friends the Members for Tiverton and Honiton (Neil Parish), for Bridgwater and West Somerset (Mr Liddell-Grainger), for Wells (James Heappey) and for Yeovil (Mr Fysh), who have supported the Bill from the outset. I am also grateful for the support of the staff at the Department for Environment, Food and Rural Affairs and of the Clerks in the Public Bill Office. I must also place on record my sincere thanks to my hon. Friend the Member for Taunton Deane (Rebecca Pow), who has worked terribly hard on this, beavering away behind the scenes at DEFRA to ensure that the Bill saw the light of day. Without her, the splendid people of Somerset would certainly not be facing a drier future. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read the Third time and passed.