Flood Defences

Lord Benyon Excerpts

Wednesday 6th July 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)]

I congratulate my hon. Friend the Member for Thirsk and Malton (Miss McIntosh) on securing this debate. On behalf of her constituents, she has raised the subject through every conceivable parliamentary mechanism, and I entirely understand why. I know that the matter is extremely important to her constituents. My hon. Friend was right to say that my right hon. Friend the Secretary of State has visited Pickering. She saw the project at first hand, and returned to the Department impressed with innovative ideas that involved a variety of mechanisms, particularly those that incorporated the natural environment as a flood alleviation and flood resilience asset. I note the presence of right hon. and hon. Members from other areas that face similar problems. The concept of holding back water is vital to a variety of communities and we want to ensure that our legislation supports common sense and is governed by proportionate rules.

[Mr Andrew Smith]

Will the Minister give way?

[Richard Benyon]

My hon. Friend the Member for Thirsk and Malton asked a number of questions, and I shall answer some of them before allowing others to intervene. She has submitted some written questions, and she will receive a reply in the next day or so. Today, she asked a question about the number of people who live below a reservoir risk. I understand that it is not 10 properties; the definition of a community in this instance is considered to be not less than about 10 persons who could be affected by a disastrous breach as a result of the under-provision of spillway capacity. That is the crux of the issue. The independent assessment said that the reservoir would require greater spillway capacity. To me and to other laymen, that does not sound a massive issue, but it increased the cost of the project way beyond what was possible.

Certain questions float around, such as what is a bund, and what is a reservoir? A flood defence bund is an embankment designed to prevent flood-water flowing from a watercourse and flooding adjacent land. The water is held up and then released through a controlled mechanism. We have to be compliant with the Reservoir Act 1975, which my hon. Friend identifies as the villain of the piece.

My hon. Friend will be pleased to know that we are reviewing the guidance. I do not know whether she has seen a copy of it, but I have. It is thick and highly technical. She is right that the independent assessors from the Institution of Civil Engineers who make these judgments are singularly liable. Once the asset is built, it will be the Government who are liable through the Environment Agency. At the moment, however, liability for the level of comfort that has to be achieved rests with individuals, so they want to get it right. There is undoubtedly an incentive for them to be precautionary, but the Government have to ensure that, in our desperate desire to see comfort given to communities such as Pickering, we do not rush measures through that in years to come, with the climate changing as we know it is, may pose catastrophic risks for many people.

[Mr Andrew Smith]

I am grateful to the Minister for giving way. Given that this was a pilot project of national significance designed to find out what could be achieved through land management to reduce flooding—an issue of concern in many parts of the country, including my constituency—what implications will the shortcomings that the hon. Member for Thirsk and Malton (Miss McIntosh) rightly identified have for the evaluation of the pilot for other areas?

[Richard Benyon]

That is a key point, and I will come on to talk about how we are reviewing the situation, principally in Pickering, and the implications that it will have for other areas.

The Environment Agency is responsible for technical judgments on flow rates and volumes. The Institution of Civil Engineers is the expert, and it is vital that we have such organisations. The Environment Agency has assessed with the panel engineer the volume of water that needs to be stored. My hon. Friend the Member for Thirsk and Malton made a point about powers that I may or may not have to do with variation. Under the Flood and Water Management Act 2010, the threshold has been reduced from 25,000 to 10,000 cubic metres. That is the area in which Ministers can apply variation, depending on the circumstances. However, that element of the Act has yet to be formally adopted. When it is, that variation will be in the power of Ministers. Under the current scheme, the Secretary of State and I do not have the power to vary the rates.

[Miss McIntosh]

I am delighted to be able to help my hon. Friend on that point; someone in the Institution of Civil Engineers has put it to me that that might be suitable for Ministers, but not under the 2010 Act. Its provisions and the reduction in rates caused shockwaves in golf clubs and farms. Those reductions have huge implications for future reservoir building, but that is not the purpose of the debate today. Under the 1998 guidance to the Reservoirs Act 1975, the Minister has the power to make an order proposing the scheme in Pickering. We have to balance removing the risk of river flooding with the slight risk caused by the presence of a reservoir upstream to the communities at Newbridge. He has the power; I urge him to use it before the House rises for the recess.

[Richard Benyon]

I recognise the point that my hon. Friend makes and it is now on the record. My officials and I will look carefully at it. However, that is not the information that I had when preparing for this debate, so I will take that point away and get back to her.

Let us look at the case that my hon. Friend raises, because it is important to understand the history. I apologise to other hon. Members who might wish to intervene, but I have only a few moments left. My hon. Friend called this debate and I want to be able to answer her points. Last September, an independent reservoir engineer was appointed to assess the proposals in the context of the Reservoirs Act 1975. The Act is designed to ensure that public safety is maintained. The engineer acted in accordance with guidance produced by the Institution of Civil Engineers. At that stage, the engineer identified the reservoir as a category A reservoir. That classification means that a breach of what could be an 85,000 cubic metre reservoir could seriously endanger a community—we have already discussed what constitutes a community. As a result, it is only right that the highest standards of public safety apply. At best, a failure would increase the level of flood-water, thus defeating the purpose of the scheme. At worst, a catastrophic failure would result in human tragedy. The engineer agreed necessary design standards that should apply in this case to maintain public safety.

In March, new modelling led the engineer to conclude that a higher design standard was necessary. In May, a second opinion was sought, again from an independent reservoir engineer. The second opinion confirmed that the Institution of Civil Engineers guidance on the 1975 Act had been correctly applied and that a higher standard was needed. That led to a redesign that incorporated the higher design standard of the spillway, to which we referred earlier. Inevitably, that pushed up costs. Despite the significant local investment already on the table, the shortfall in funding amounted to around £2 million. Frustratingly, at that level of cost, the scheme is not cost-beneficial under the Treasury Green Book rules. It is not my view that the guidance is wrong. That said, the case does underline the sense in reviewing the guidance. That is a firm assurance that I can give to my hon. Friend today. A review on highly technical guidance—I have already referred to the complexity of the document—is not a quick fix, and will require broad engagement. In the mean time, I welcome efforts to reassess these proposals.

The reservoir is clearly an important part of the plans for the area. That said, I know that many of the innovative approaches that my hon. Friend has described are continuing in parallel. It may well be that we can fairly quickly achieve a different scheme that complies with the Reservoirs Act 1975 and has a sensible cost frame and a sensible cost-benefit analysis result. All the work going into reviewing the guidance will not affect the implementation of the Flood and Water Management Act 2010. If it does, Ministers will have the power to apply other criteria to assess whether, on the balance of risk, it is right that these schemes should go ahead even with the lower threshold.

The reservoir is clearly an important part of the plans for the area, so I genuinely applaud the real openness and innovation. There has been engagement with the local authorities, local landowners and many other partners, and leadership from my hon. Friend.

The Environment Agency and local partners are working hard to reassess the designs and to drive down costs. Other options that were originally put forward are also being discussed. Once consideration is complete—I expect that to be at the end of July—the agency is eager to continue working with local partners to explore what can be done while maintaining public safety.

[Anne Marie Morris (Newton Abbot) (Con)]

I am sure that the Minister will listen carefully in this case, as he did when he enabled me to have a flood scheme in Teignmouth, for which I am extremely grateful.

[Richard Benyon]

I am grateful to my hon. Friend for coming to this debate; not all hon. Members come to debates to give a thumbs up. The difficulty with flood defences is that we only know that they work when issues are not raised because problems have been resolved. I know that the issue is a burden for the constituents of my hon. Friend the Member for Thirsk and Malton, the right hon. Member for Oxford East (Mr Smith) and the hon. Member for Wansbeck (Ian Lavery). There are serious problems affecting communities around the country. We are changing the way in which we approach flood funding.

[Ian Lavery (Wansbeck) (Lab)]

rose—

[Richard Benyon]

If the hon. Gentleman’s intervention will take no more than two seconds, I will give way.

[Ian Lavery]

My point relates to the potential delays. We now have funding from Northumberland county council, as well as the Environment Agency. Will the Minister see whether we can progress the Morpeth flood alleviation scheme as a matter of urgency?

[Richard Benyon]

I can assure the hon. Gentleman that the scheme is being progressed as a matter of urgency, following meetings on the subject, and thanks to the forceful way in which he puts his case—as does my hon. Friend the Member for Thirsk and Malton. There are no national secrets here. There is no impediment other than the need to find a sensible way forward that can be afforded. As my hon. Friend rightly points out, her local authority—and that of the hon. Member for Wansbeck—has put forward some more money to ensure that the scheme can operate. I will go through any proposal that my hon. Friend the Member for Thirsk and Malton brings forward. We will consider all the points that she has made and ensure that the absolute powers of the Minister are understood. If we can make a difference at this stage, prior to the change in the guidance, we will make it, but my understanding is that that will require the implementation of an element of the Flood and Water Management Act 2010, which we are keen to see taken forward.

My hon. Friend says she wants a result before Parliament rises for the recess; she wants to be able to give her constituents the assurances that they need. I can promise her that I will give every assurance that I am able to give. I will work with officials and local people in her constituency to ensure that we achieve the result that they all want, which is a lifting of the burden of the threat of flooding from their lives.