Environment Bill

James Davies Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

[Bill Wiggin (North Herefordshire) (Con) [V]]

I tabled new clause 3 to draw attention to the environmental challenge and penalties facing Herefordshire. First, let me be absolutely clear: nobody wants to see more pollution or phosphates in the river—nobody. However, due to the levels of phosphate in the Wye, we have an ill thought out and ineffective housebuilding moratorium, imposed on us by a Dutch court through EU law. Implemented in October 2013, this moratorium was enacted to try to address the phosphate pollution in the Rivers Wye and Lugg. This is a serious issue that requires proper and effective action. It was hoped that Herefordshire Council, Natural England and the Environment Agency, and their Welsh equivalents, could come up with a tangible solution by which the threat could be stopped. After recent calls that I have had with these bodies, it is clear that there is still some way to go. I therefore tabled this new clause to have the subject heard in the House.

The threat of phosphates in watercourses is well known. Herefordshire is by no means alone, nor is it the worst polluted area in the country. Indeed, the river winds its way out of Powys into Herefordshire, then back into Monmouthshire where it forms the border with Gloucestershire, yet only Herefordshire has a moratorium. In the Environment Agency’s 2017 “State of the environment” report, 86% of English rivers had not reached good ecological status. High phosphate levels in the water can result in toxic algal blooms. These blooms deplete oxygen levels in the water by blocking out the light, resulting in fish and other organisms dying. The phosphates enter the watercourse through two primary means, the first being point source, where the main offender tends to be the sewage outlets—so called because it can generally be traced back to a wastewater pipe that is discharging into the river. The second means is diffuse sources, typically caused by run-off from agricultural land.

The ruling in Herefordshire occurred as a result of an EU legal case. On 7 November 2018, the Court of Justice of the European Union gave its judgment in two joined cases, which were related to the habitats directive and became known as the Dutch nitrogen case, or simply the Dutch case. The case in the Netherlands found that through their fertiliser application techniques, farmers were having a negative effect on EU-protected habitats. Assessments were required to be carried out to determine how to reverse and prevent further environmental damage. As a result of this ruling in a different country, Natural England updated its legal advice, which has since created significant problems for house builders in England, particularly those in Herefordshire.

This ruling has disproportionately affected the River Wye and the River Lugg. The Wye is a special area of conservation; the Lugg is a tributary of the Wye, and is designated as a site of special scientific interest. The Wye is the fourth longest river in England, and is home to plants such as water-crowfoot and wonderful Atlantic salmon stocks. It is a wonderful river that we need to protect for the future, and the way that that is being done at the moment is ineffective. It is by no means the worst-performing river in the country when it comes to phosphate pollution, and this problem can and must be solved. We have had meetings with the council, the Environment Agency, and Natural England and its Welsh equivalents. We need collaboration, and we need to make sure that the Government will support an improvement to the phosphate levels so that we can get our river back to where it needs to be.

[Dr James Davies (Vale of Clwyd) (Con) [V]]

It is a pleasure to follow my hon. Friend the Member for North Herefordshire (Bill Wiggin). As I indicated on Second Reading in February last year, I very much support the Bill and the focus that the Government are placing on our environment.

In February, I referred to flooding that had recently occurred in my constituency. Very regrettably, I must report that the heavy rainfall of Storm Christoph has brought further disruption to local residents and businesses. Last Wednesday, high waters flowing down the River Clwyd destroyed the 19th-century Llanerch bridge, connecting Trefnant and Tremeirchion. I have already raised the issue of that bridge’s future with my hon. Friend the Minister, the local authority, and the Welsh historic environment service, Cadw. Such devastating events highlight the need for serious consideration of issues relating to water management. Increasing the responsibility of water companies and local authorities to plan how to manage flood risk more effectively is one way to reduce the impact of future floods, and I ask the Government to seriously consider the value of amendment 42, tabled by my hon. Friend the Member for Broxbourne (Sir Charles Walker).

I am pleased that the Bill further contributes to the Government’s commitment to tackle air pollution. Clean air zones and the clean air strategy are important, as are the provisions in this Bill, but I believe that more can, and perhaps should, be done. A number of amendments that have been tabled seek to push the Government to improve air quality, including new clause 6 and amendment 2. The legal duty set out in the Bill to set a target for concentrations of the fine particulate matter known as PM_2.5 could reduce the 36,000 annual deaths in Britain, primarily through cardiovascular and respiratory disease, that are linked to air pollution. Air quality will improve as a consequence of our national move towards net zero by 2050, but setting a bold target can act as an important driver in the interim.