Independent Water Commission

Lord Kerr of Kinlochard Excerpts

Wednesday 23rd July 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

I would just say to my noble friend that we have discussed this on a number of occasions, including with officials in the department. I am sure that we will continue to discuss it.

[Lord Kerr of Kinlochard (CB)]

My Lords, will the Minister have the White Paper consider, and perhaps consider for the Bill, the idea of setting minimum annual investment requirements? I do not know much about Ofwat, but I know a bit about Ofgem. During the time when I was on a power company board, our annual bids to spend our money on improving our network were cut down by an average of about £1 billion a year. So long as the regulators feel that they are under pressure to keep costs to the consumer down, that is what will happen. It seems to me that Parliament and the Government need to take responsibility for setting a requirement on replacing the crumbling infrastructure. That should be at least discussed in the White Paper, and I hope it will find a place in the Bill.

[Baroness Hayman of Ullock (Lab)]

The noble Lord makes an extremely good point. Part of the reason why we have got into this mess is the focus on keeping bills low. People do not want to pay high bills, but if you are constantly putting pressure on that and not investing in the infrastructure, that is when you end up with a lot of these problems. That is why in PR24 we gave the most investment ever—to try to turn around some of the problems. The noble Lord makes a good point about what we need to look at going forward, in order to ensure that we do not have these sorts of problems in the future. He is absolutely right that this needs to be part of what we look at following the White Paper. I would be very happy if he has any ideas to share with me following his experience with Ofgem. That would be very interesting.

UK Fishers: EU Agreement

Lord Kerr of Kinlochard Excerpts

Monday 31st March 2025 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

Have the Government consulted inshore fishermen, particularly Scottish inshore fishermen, whose interest is rapid access to continental markets for their high-value product, and who were so badly frosted by the previous Administration?

[Baroness Hayman of Ullock (Lab)]

The difficulty with negotiating for fisheries in the UK is that it is such a diverse industry. For example, fishers in Scotland will have very different needs from fishers in Cornwall—from those who may be catching crabs and lobsters to those who are after cod and pollock. It is a very complex area. The outcomes report on sustainability of fishing stocks, for example, is an extremely complex read—if anybody fancies it, I can provide them with a copy. But I completely take the noble Lord’s point, which is why we are very keen to work with industry to properly understand what it would like to see in the future.

Water (Special Measures) Bill [HL]

Lord Kerr of Kinlochard Excerpts

Committee stage
Wednesday 30th October 2024 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

I agree that the amendment from the noble Lord, Lord Sikka, is very widely drawn. As I read it, it would ban the Secretary of State from taking advice from anyone who was a director or an employee of a water company, and that seems rather absurd.

[Lord Roborough (Con)]

My Lords, I thank the noble Lord, Lord Sikka, for introducing this group on the duties and running of the water regulator. Before I address the amendments, I would like to ask my question from the repeat of an Oral Statement yesterday again; it was also echoed by the noble Earl, Lord Russell, and the noble Baroness, Lady Pinnock. Will the Minister make some commitments on the timing of the legislation that will follow the independent commission? As I mentioned, that timing will have a significant bearing on noble Lords’ commitment to their amendments going into this Bill to address shortcomings of the industry that are blatant now.

The noble Baroness, Lady Pinnock, and I also referenced the commitment by the Secretary of State that this review will not make recommendations that affect the 2024 price review. That would seem to indicate that any new legislation could not come into effect until the end of this decade. Does the Minister agree?

I turn to Amendment 29 in the name of the noble Lord, Lord Sikka, on conflicts of interest. We on these Benches feel that propriety in the water sector is crucial and there should clearly be appropriate rules for all employees of Ofwat. That said, it is not clear to the Official Opposition that this should be placed on a statutory footing and I agree with my noble friend Lord Remnant that there are implications outside the water industry from this kind of move.

It is right that the Government should take steps to ensure that Ofwat is run in a manner that appropriately prioritises the consumer and environment, and the majority of amendments in this group address the failures of Ofwat and the need for improvements. Amendments 79 and 80 from the noble Baroness, Lady Bakewell of Hardington Mandeville, Amendment 81 from the noble Earl, Lord Russell, and Amendments 84 and 85 from the noble Baroness, Lady Jones, all address the fundamental need to reform the way we regulate our water sector.

The Government have not yet told us when they will bring forward whole sector reform. I am grateful that we have an opportunity to discuss reform of the regulator today, and it may not be an issue that disappears from the debate on this Bill until we have confidence that this further reform will be delivered in an acceptable timeframe. While it is worth noting that any transition period would most likely be disruptive, there are certainly important failures that must be addressed at Ofwat. Whether the Government choose to reform our existing regulator or, as has been suggested by a number of noble Lords, abolish and replace it with something better, it is clear that the British people deserve better.

I was going to raise further evidence of the failure of the regulators but the Committee may have heard enough on that. As far back as 2011, the Gray review into Ofwat found:

“Many stakeholders told us that Ofwat was not sufficiently accountable either to Parliament or to stakeholders in general”.


This situation has not changed. As I noted yesterday, it is welcome that the review will address accountability.

On the creation of public benefit companies, which has been hinted at by the Government and mentioned in the amendment from the noble Earl, Lord Russell, it is very much the view of the Official Opposition that the continuation of the role of private capital in the water sector is imperative. Recently, the Thames Tideway tunnel was completed, which modernised the Thames sewage system and has made it fit for the 21st century—a feat that would not have been possible without private investment. This project shows the value of innovation, which is considerably harder to prioritise under a nationalised or public benefit system. When there are market incentives, better financial decisions are made. As such, the existence of private stakeholders and investment allows for a more successful sector.

We recognise that, to prevent water companies from causing further damage to our rivers, lakes and beaches, the regulator must be reformed and we hope that the Minister will listen to the arguments from across the House today as the Government look to finalise their wider plans for whole sector reform.