Wednesday 5th March 2025

(1 day, 12 hours ago)

Westminster Hall
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Emma Hardy Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Emma Hardy)
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It is a pleasure to serve under your chairmanship, Dr Murrison. I thank the hon. Member for Carshalton and Wallington (Bobby Dean) for bringing forward this debate about this beautiful-sounding river. I also thank my hon. Friends the Members for Stafford (Leigh Ingham), for Weston-super-Mare (Dan Aldridge) and for Mitcham and Morden (Dame Siobhain McDonagh) for contributing to this important debate, as well as the hon. Member for Sutton and Cheam (Luke Taylor) and I could of course never forget the hon. Member for Strangford (Jim Shannon) .

When we have any debate on water and water quality, there is so much interest from constituents, organisations and from hon. Members. I wholeheartedly share the upset and outrage of the hon. Member for Carshalton and Wallington over the diesel spill. He is absolutely right to feel upset about it. This is one of England’s most beautiful chalk streams. It is a fast-moving river passing through sites of natural importance as well as sites of urban development. I wholeheartedly agree that this was an appalling thing to happen to the river.

It is really important to understand why it happened and what we can do to prevent it from happening again. I understand that the situation along the river continues to improve, with environmental impacts steadily reducing, but I want to be absolutely clear that we will not let any organisation get away with illegal activity, and where breaches are found, the EA will not hesitate to hold companies to account or work with partners as needed. DEFRA works closely with the Environment Agency to ensure it is equipped to carry out its functions effectively and deliver for the public and the environment, with Environment Agency officials at every level to provide constructive challenge and support on Environment Agency performance and delivery.

I have a timeline of exactly what happened on the day. One of the questions was about when people were made aware. On Tuesday 18 February at 8.19 am, London Fire Brigade was notified and arrived on the scene. At 8.32 am, the Environment Agency received a report from the London Fire Brigade of a diesel oil spill from a bus depot storage tank. Nine minutes later, at 8.41 am, the EA duty officer initiated a response and a decision to deploy to the site. At 10 am, the first Environment Agency officer was on the site, and further EA officers were on the site at 12 noon. I thank the Environment Agency: it was made aware of it at 8.32 am, and by 10 am, it had people at the river carrying out an investigation. It has done an exceptionally good job at working at pace.

I understand that, at 6.19 pm, the Environment Agency sent its first email to the hon. Member for Carshalton and Wallington with information about the incident and the actions that it took. Between 19 February and 26 February, the Environment Agency’s response was ongoing; that included regular on-site monitoring, assessment of the clean-up and the environmental impacts, and ongoing briefings and liaison with partner organisations. It has specialist contractors working on the remediation efforts, and I understand that it updated the hon. Member at 9.45 am on 19 February and that another meeting was requested on 21 February.

The incident response concluded on Wednesday 26 February, when the Environment Agency sent its final updates to partners. It is now in the investigation phase, having moved out of the emergency response phase. It has acted at speed and with integrity, and it has done an incredible job. Its enforcement options range from warnings to prosecution or an enforcement undertaking. That is a civil sanction whereby the offender proposes steps to remediate the issue. The punishment depends on the assessment.

I totally agree on the polluter pays principle. The Environment Agency can recover costs from emergency incidents under section 161 of the Water Resources Act 1991. All costs incurred by the Environment Agency through doing this enforcement work can be recovered. On the wider point on polluter pays, the Water (Special Measures) Act 2025, which got Royal Assent last week, included cost recovery not just for emergency responses, as already existed, but for water companies. I know that, in this case, it was not a water company that was responsible, but sewage pollution has been mentioned. Anywhere that the Environment Agency investigates sewage pollution, all costs can now be fully recovered from the water company.

A question was asked about what happens to the fine moneys. Ofwat are responsible for collecting fine money and, in some cases, that fine money is refunded to customers. In other cases, that fine money is available for environmental aspects. The ratio of how much is refunded to customers is a decision for Ofwat.

A point was made about the problems of run-off. Obviously, there is another one that has not come up in this debate but is also a concern—agricultural pollution as well as sewage pollution. All those things are being looked at under the Cunliffe review—we have only seven weeks left now for people to respond to the call for evidence. I hope people will look at the document and make their points. There is a 200-page call for evidence, but also a 20-page executive summary, so people can look at the summary. It is not just for Members of Parliament. If I may address those in the Public Gallery, it is for anybody to respond and give their opinion on how our water system should fundamentally work.

We are serious about this. We are taking action and looking at how we can increase polluter pays through the Water (Special Measures) Act 2025, but there will be cost recovery because this is considered an emergency. In terms of what more can be said at the moment, we have to let the Environment Agency do its investigative work. When it comes to its conclusion it will determine what level or type of prosecution happens.

I want to reiterate that we agree that what happened with the River Wandle is deeply concerning and unacceptable. Again, I thank the Environment Agency for acting within an hour and a half of being informed and having people on the ground to carry out that investigative work. This Government will not turn the other way and continue to allow our rivers, lakes and seas to be polluted. Through the Water (Special Measures) Act, the Independent Water Commission, future legislation and many other actions, we are demonstrating our commitment to a comprehensive reset of the water industry. We intend to drive long-term transformative change through the entire water sector, and we have only just got started.

Question put and agreed to.