Drinking Water Directive

Holly Lynch Excerpts

Monday 26th March 2018 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I thank my hon. Friend the Member for Mid Dorset and North Poole for explaining the reason for this debate on the Commission proposal on the drinking water directive recast. The Commission proposed the recast in order to take account of existing and emerging pressures on drinking water, the EU commitment to the UN sustainable development goals and the European citizens’ initiative, Right2Water.

The UK has a very high level of water quality. In 2016 the Drinking Water Inspectorate chief inspector’s report for England reported compliance rates of 99.96% for water supplied by water companies and 95.8% for private water supplies, such as boreholes and natural springs. Most member states achieve between 99% and 100% compliance rates, with the UK achieving overall one of the highest at 99.9%. Some non-compliance is due to domestic systems, for example tap hygiene or plumbing metals; therefore, 100% is very difficult to achieve.

The Drinking Water Inspectorate was established in 1990 to provide independent assurance that the water industry delivers safe and clean drinking water to consumers, and it does a great job. Since privatisation, £140 billion has been invested in infrastructure, with benefits for the customer and the environment. Leakage levels are down by around a third and two thirds of our beaches are classed as excellent, up from one third pre-privatisation. The percentage of samples failing drinking water quality standards has fallen from between 1.5% and 2% in the early 1990s to below 0.2% in the last few years. The Government expect continuing significant investment by water companies to uphold that quality.

The Government are highly supportive of having the cleanest drinking water possible. That is consistent with our 25-year environment plan and our ambition to leave the environment in a better state than we inherited it. However, the Commission’s proposal is complex, and for that reason the Government are still considering it, which includes discussion with the devolved Administrations.

One example of complexity is the Commission’s approach to water quality parameters. The World Health Organisation has challenged the effectiveness of some of the parameters currently used, yet the Commission chooses to maintain them or to apply an even stricter approach than the World Health Organisation recommended. We want to understand why that is deemed necessary. For instance, perfluorinated compounds, a by-product of fire-fighting foam, currently are monitored only where they might pose a risk to health. That is because contamination is usually localised to very specific areas. The proposal imposes a requirement to analyse all water supplies for their presence. Analysis of these compounds is expensive and specialised, and not all laboratories have the capability. That could lead to an increase in customer bills or we may need to require a new formulation for fire-fighting products.

Article 13 on access to water, which is the specific article of concern to the European Scrutiny Committee, urges all EU institutions and member states to ensure that all inhabitants enjoy the right to water and sanitation. The Government agree with that objective. The Government have also taken steps to support the increased availability of water freely available to the public. Water companies are working to create a network of water refill points across England for refillable water bottles. Many retailers will offer to refill water bottles, and we are working across Government to encourage transport hubs and retailers to extend their provision of free water and to publicise that to members of the public.

Just last week, I launched Network’s Rail’s first free drinking water fountain at London Charing Cross station, with its chief executive Mark Carne. I expect that will be the first of many, and I am pleased that many other transport hubs already offer them or have indicated that they will start to do so. That said, the Government share the Committee’s concern that some of the revisions in the article are too prescriptive, that the means of meeting the general objective would be better left to member states to decide, and that the final directive must be unequivocal in its compliance with the principle of subsidiarity.

The Government also share the Committee’s view that the Commission has not provided a detailed assessment of the subsidiarity that is substantiated by quantitative and qualitative indicators. However, the Government note that it produced a substantial impact assessment of each of the major changes proposed, and that the costs and benefits of article 15 make up a relatively small part of the overall estimated total impacts of the proposals. For the UK, in particular, the costs of providing additional access are put at zero because of the very high level of connection to a water supply and access to drinking water that we already have, and because of existing or imminent national policies and practices that the Government have developed.

The proposal contains an access to justice provision drawn from the requirement in the Aarhus convention. The UK is a member of the convention in its own right and already complies with its requirements. We therefore do not see the need for that to be in the directive.

The current legal basis for the proposal is article 192(1) of the treaty on the functioning of the European Union. That article is designed for measures that implement EU environmental policy, including those with the objective of protecting public health. The Government consider that legal basis to be appropriate, as the main purpose of the Commission’s proposal is to implement EU environmental policy on clean drinking water and it includes a provision for water to be monitored and tested for certain parameters to ensure that it is fit for human consumption.

The European Union (Withdrawal) Bill provides for all EU law to be rolled into UK law on our departure, if it is not already present in UK law. The Government have made it clear that our environmental standards will not be diluted upon our exit, and I remind the Committee that we already have very high performance. The Government will continue to analyse the substance of the Commission’s proposal with respect to several factors, including, if the motion is passed, Parliament’s specific concerns about the Commission’s approach to subsidiarity.

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I thank the Minister for her statement, and the hon. Member for Mid Dorset and North Poole for his opening statement on behalf of the European Scrutiny Committee. I understand that it is not appropriate for Opposition Front Benchers to make lengthy speeches or statements at this point, and I am more than happy to oblige, but I will put a couple of questions to the Minister.

Although we are largely supportive of the content of the drinking water directive, we are sympathetic to the European Scrutiny Committee’s reservation that the directive does not entirely meet the principle of subsidiarity, so we do not object to the reasoned opinion. However, will the Minister say more about the Government’s domestic ambitions for the roll-out of water fountains? We will have missed an opportunity if the UK’s aspirations fall short of those in the directive.

Further to the comments by the hon. Member for Mid Dorset and North Poole, I understand that a number of other member states—the Czech Republic, Austria and the Republic of Ireland—have also raised concerns about the directive. I wonder whether the Minister has engaged in dialogue with them, or with the Commission, about their specific reservations, and whether we might share best practice or work together to deliver on the aspirations of the directive while raising our reservations about subsidiarity.

[Dr Coffey]

I thank the hon. Lady for those questions. On the Government’s domestic ambitions, she may be aware that Water UK, which organises all the water companies, has committed to ensuring that each water company has a plan—by October, I think—showing how they intend to roll out water fountains in and around their areas. I am sure that she has already downloaded Refill, which is a wonderful app that I believe started in Bristol, the city represented by the Opposition Whip, the hon. Member for Bristol West. That is a way of ensuring that people know where water is offered. I think that most coffee retailers, although they may not yet advertise it—I am still encouraging them to do so—will refill a water bottle if asked.

I have also worked with Ministers in the Department for Transport to write to airports, railway stations and Transport for London—I think we also wrote to the Mayor. I have just realised that we have not yet written to National Express; we must rectify that. I am pleased that Network Rail launched its first water fountain last week, and that a number of airports have already started offering refills. It is certainly possible to fill a water bottle in Heathrow terminal 5, and a number of airports offer water fountains of the kind many of us used at school, where it is necessary to lean down, although that is not quite as straightforward as filling a bottle. I understand that more and more airports are coming through with such proposals, and I have certainly taken advantage of those facilities myself.

I am aware specifically of Austria’s reasoned opinion, but we look forward to working with other member states that have good domestic plans to see how we can share best practice. I have not specifically engaged with them, or indeed with the Commission, on the different opinions that have been expressed. I believe that the deadline for us to return our initial views to the Commission is within the next week, which is part of the reason we are having the debate today: to make sure that we can reflect the will of Parliament, as expressed by the reasoned opinion.