Draft Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023

John McDonnell Excerpts

Tuesday 2nd May 2023 General Committees

[John McDonnell (Hayes and Harlington) (Lab)]

Can I give the Minister some more time?

[Rebecca Pow]

No—I am fine, honestly.

[John McDonnell]

I have a question anyway.

[Rebecca Pow]

Shall I begin, and then I will be delighted to answer the right hon. Member’s question? I am very grateful to the shadow Minister for her comments, and for being helpful and constructive in allowing me to say a bit more about one or two of the items that I mentioned.

The measure will optimise the regulatory tools available to us for managing and protecting groundwater quality. It will not reduce protections; indeed, it will strengthen them, giving the EA a greater range of tools. That is something that business and industry have come to us about in many different areas. The new tools will be more proportionate to the risk. If matters are deemed to be very low risk, the EA will be more generic in its approach. Other more complex areas will continue to be bespoke, as at present with the mines and so forth. Some responses will therefore be less costly, and potentially more speedily delivered. For example, if the EA has to react to a discharge, it might speed up its response. There are an awful lot of positives in improving the hierarchy of regulatory controls for groundwater. Including extra pollutants such as heat will be of great benefit.

On the mobile plant question, again, this is something that business and industry asked for particularly in the consultation. It is a well-recognised term used for waste activities. It is long established, and a lot of discussion went on with industry about it.

Reference was also made to cemeteries. Exactly as my hon. Friend the Member for Gloucester described, a new cemetery will not need to get a permit unless there are deemed to be specific reasons for one, in which case the Environment Agency will work with the cemetery operator to ensure that the right conditions are met. A permit might be needed if the cemetery were near a vulnerable aquifer, or if there were a significant number of burials. Say there was a terrible incident, or something like that—no, I will not say that. Also, if a cemetery were in close proximity to vulnerable water users, public water suppliers, private water suppliers or chalk streams, a permit would be considered. I hope that that gives a bit more clarity.

[Rebecca Pow]

We have a well-established process for the regional monitoring of groundwater. Any long-term trends in quality and in what is found in the groundwater are monitored, and we have research programmes looking into the impact at regulated facilities. I hope that helps to clarify that that is an important part of checking that what is in place is doing the right thing. Just out of interest, areas that might not need a permit are clay areas or areas where there are very small numbers of burials. I hope that that has dealt with the death section of this SI.

The shadow Minister asked about the onshore oil and gas industry’s surrendering of permits. An oil and gas operator can send a notification to the Environment Agency stating that it no longer requires a permit for its discharge. An application to surrender the environmental permit will require evidence to demonstrate that there has been no impact on the environment from that discharge at the onshore oil and gas site. This amendment will ensure that there are no ongoing risks to the groundwater environment at the point of decommissioning, or any future likelihood of pollution occurring. I hope that that answers the question.

[John McDonnell]

Before I vote on these things, I do occasionally try to understand them. Paragraph 7.22 of the explanatory notes clarifies the defence of sewerage undertakers who are in breach of permit conditions. That relates to regulation 7(c), which inserts new sub-paragraph (5A) into schedule 22 to the 2016 regulations. New sub-paragraph (5A) states that a sewerage undertaker is not guilty of an offence, first, if it did not do it —understood—and, secondly, if it

“could not reasonably have been expected to prevent the discharge into the sewer or works.”

Understood. But sub-paragraph (5A)(b) states that the undertaker is not in breach if it

“was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed”.

That seems to be a huge blanket exemption from the sewerage undertaker’s responsibility for ensuring that discharge is leaked properly and complies with any conditions attached. If the Minister wants to clarify the answer to that question in writing, I am happy for her to do so.

[Rebecca Pow]

I thank the right hon. Gentleman for that, and he is absolutely right that it is important to understand what we are talking about. This is very detailed. I do have some notes here, but if it suits him, I will put the answer to his question in writing, and I will share it with the shadow Minister as well, because I think it is important to clarify that. We have done so, because we have updated that particular section of the explanatory notes, but I will get back to him on that.

I think that brings me to the end of my points. I thank the shadow Minister for supporting this SI, albeit with some testy questions, and I commend it to the Committee.

Question put and agreed to.