Rivers Authorities and Land Drainage Bill

Luke Pollard Excerpts

2nd reading: House of Commons
Friday 8th February 2019 Commons Chamber

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

It is good that there is cross-party consensus for this Bill, because my fearful band of Opposition MPs and I have been waiting in the Chamber to deal with these measures.

It is good that this debate has had so many contributions from the west country. As a fellow Devon MP, I will not go quite as far as the hon. Member for North Devon (Peter Heaton-Jones) did in praising the south-west. None the less, it is important to say that the south-west has been affected by flooding over many years and it is an area for which the regulatory environment has not always worked in the best way. That is why the Opposition welcome this Bill and thank the hon. Member for Somerton and Frome (David Warburton) for bringing it forward.

The Bill is long overdue. It is important to state here that many of its measures should have been introduced long before they were proposed in this private Member’s Bill. We have had plenty of parliamentary time recently to have discussed a Bill of this technical nature. Government time should have been used much earlier on this Bill, because my fear is that regulation in relation to flooding tends to be a kneejerk reaction to a large flooding event. We need to invest time and energy in the consideration of proposals to make sure that they work for all our communities. We need measures to deal with climate change, the increased risk of flooding, and the amount of house building on our floodplains to make sure that we have a regulatory system that is fit for purpose.

This Bill aims to provide local communities with new powers to organise and protect themselves from flooding. That is hardly controversial given the increased likelihood of extreme weather events due to climate change in the next few years ahead. This Bill receives strong backing from the Environment Agency, the National Farmers Union and the Association of Drainage Authorities to name but a few.

The rivers authorities that would be established under the Bill would be a good thing. They would be locally accountable with powers to issue a precept to billing authorities, which would then collect the money from council tax payers for additional local flood risk management work. I understand from the ADA that the Department for Environment, Food and Rural Affairs is not expecting a flurry of requests for the establishment of new river authorities. Local councils and authorities will not be compelled to create them; they are there for those who want to be proactive. Does the Minister think that that is the correct approach? Given the amount of pressure on our local authorities at this moment, with cuts and increased demand on services, is it right that the work is not done at a national level to help identify and encourage those local authorities, many of which might not have the capacity or the in-house expertise to realise the benefits that could be derived from the implementation of this Bill?

I note that the hon. Member for Torbay (Kevin Foster) did not go into the composition of the new authorities, but I would like to ask the Minister whether there has been any thought about the personnel on these new drainage authorities. Can he tell us how they will be drawn and selected from the local community and what effort has been made to make sure that those authorities will be gender-balanced in the future?

We must ask ourselves why these reforms have taken so long to appear and whether they should have been brought forward in Government time, rather than have this Bill sitting at the back of a line for a sitting Friday for almost a year. This Bill is being introduced to rectify well known long-standing issues. In many cases, the data that would be used to create some of the new river authorities and internal drainage boards is quite historic in itself.

The ADA first raised the potential need for legislative change with DEFRA during proceedings on the Water Bill in 2014. I think the Government are adopting a twin-track process. A Government consultation entitled “Improving our management of water in the environment” was launched in January, alongside the efforts in this private Member’s Bill. If the Bill fails to progress via the usual channels, Ministers will have the opportunity to pick up its content in the consultation, but I ask the Minister not to rest on his laurels in that respect because it is important that we have clarity.

The debate about flooding has historically occurred at certain times of the year, and we are in one of the times of year when flooding is particularly significant. I represent a constituency that is at the end of a fragile and precarious train line, which passes not only through Dawlish—that beautiful stretch of track is in desperate need of Government funding to make it more resilient—but through the Somerset Levels, an area that is also prone to flooding. We must recognise that flooding not only affects the communities in which it occurs—where there is far too much water—but can cause disruption to large parts of the country that may not experience it in their locality.

I want to ask the Minister who should pay for some of these costs. It is noticeable that the proposals will be funded either by local authority taxpayers or by landowners, but not necessarily by those who use land for business purposes. I would be grateful if the Minister looked at whether they might be an alternative source of revenue to help to drive this activity, rather than relying on the local tax base. Has he assessed whether the “polluter pays” principle could also be used to fund some of the schemes from industries that exacerbate climate change, which causes extreme weather events?

Looking back to storm Desmond, rainfall on that scale used to be described as a one-in-100-year, one-in-200-year or one-in-1,000-year event, but more extreme weather events are now occurring every single year as a result of man-made climate change. We need to make sure that our regulatory system and our flood defences are fit to meet that challenge. George Monbiot said:

“Exceptional events are…no longer exceptional.”

The Committee on Climate Change recently warned that rises in sea level of more than one metre could occur this century, and 200 km of coastal defences in England are projected to become vulnerable to failure during storm conditions. That does not include defences on river systems further inland.

We face unprecedented challenges in defending our lowland areas and coastal communities from flooding. The Bill is welcome, and it will help communities if local authorities use the powers. We need to look at how we can incentivise communities to get there, and we need a comprehensive plan for every community at risk of flooding. If we cannot get this private Member’s Bill through Parliament, I encourage the Minister to ensure that the Government swiftly adopt the measures to make sure that communities that could benefit are not hindered by the fact that the Bill was not introduced in Government time.

Rivers Authorities and Land Drainage Bill (First sitting)

Luke Pollard Excerpts

Committee Debate: House of Commons
Monday 11th March 2019 Public Bill Committees

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I thank the hon. Member for Somerton and Frome for introducing the Bill. He spoke with detail and authority about its contents. I am pleased that we nearly have a south-west majority in Committee—it is about time that the south-west got its fair share, and if we have to get it by taking control of Bill Committees, I support that. We also have several hon. Members from SERA—Labour’s Environment Campaign, which is good.

The Opposition welcome and support this good Bill, because changes to flood protections for communities are long overdue, but I hope that the hon. Member for Somerton and Frome will not mind my asking a few questions to understand how the powers will be implemented. Some of my questions will be for him, but I suspect that the Minister and her officials will have some insight on the more technical ones.

The Bill is timely, because there have been flooding incidents not only in the south-west. In the Lake district and across the country, flooding has had huge and disproportionate effects on small communities that often do not have the resources to provide the protection they need on their own. It is important that we set out a regulatory framework that will help them to pool the risk and the effort.

The Bill is also long overdue. Many of its measures should have been introduced by the Government long before they were proposed in a private Member’s Bill and we would have liked Government time to have been used for debating its provisions. None the less, we welcome the effort that the hon. Member for Somerton and Frome has put into introducing the legislation. We need to invest time and energy in considering the proposals to make sure that they work for all our communities. We know that not every community will be affected by flooding and that not every community affected by flooding will be affected by the same type of flooding—coastal flooding and river flooding are very different.

[Sandy Martin]

Does my hon. Friend agree that although it is true that coastal flooding and river flooding are different and occur at different times for different reasons, the effects of climate change will tend to exacerbate both through increased and unpredictable rainfall and through rising sea levels?

[Luke Pollard]

My hon. Friend is right and pre-empts one of my questions for the hon. Member for Somerton and Frome about how the provisions will work in coastal communities. From my reading of the provisions, it seems that many of them work for inland communities and river flooding in particular. I would be grateful if he set out how he envisages the provisions working in an environment where there is the risk of both river and coastal flooding, especially with regard to the cost implications that he just spoke about. Clearly, the responsibility for coastal flooding is much more expensive and, with the risk of climate change, can have much bigger impacts.

As I said, the Opposition welcome the Bill. Although we have no problem with the clauses, I have a few questions that I hope will provide some clarity about how the provisions will be implemented. As is outlined in clause 1, a rivers authority established under the Bill will be a locally accountable body with the powers to issue precepts to billing authorities that will collect money from council tax payers for additional local flood management work.

I understand from the Association of Drainage Authorities that the Department is not expecting a flurry of requests for the establishment of rivers authorities. The Bill does not impose rivers authorities on local councils, so it is for those that want them to be proactive. How will that work for councils that have suffered huge cuts and might not have the in-house resource to do that? How does the hon. Member for Somerton and Frome envisage rivers authorities being rolled out? Will there be additional support for the pilot rivers authorities to effectively overcome the early administrative obstacles that will inevitably come with the formation of a new rivers authority, so that pioneer projects can share best practice with the ones that follow?

How will local communities challenge and hold accountable local river and drainage authorities for their actions? It is good to hear that the majority of members of those committees will be from local councils, and so will be elected; that flow through of democratic accountability is important. On Second Reading in the main Chamber, I asked whether the Department would publish guidance on the composition of those boards, particularly on their gender balance. Having observed several such committees, they can be quite bloke-heavy—and, indeed, retired bloke-heavy—which, as a general rule, we should try to avoid when creating new public bodies. I will be grateful if the Minister or the Member in charge sets out whether there will be any guidance to that effect.

Will there be guidance on whether the heads of those authorities should serve for a fixed period, or will that period run and run? In some communities, the people who will be in charge of such bodies have also been in charge of everything else that came before. I just want to understand whether there will be accountability and a rotation of those roles. I assume that there will be the usual registers of interest to avoid any conflicts of interest, especially because these authorities will be dealing with small communities, where expertise is essential. There is a risk of a conflict of interest, so will the Minister set out how we will engineer out any of those risks at an early stage?

It seems that many of the provisions regarding rivers authorities’ proceedings in proposed new section 21D apply to local government, such as access to agendas, inspection of papers and inspection of minutes. Will there be guidance that such meetings should be open to the public to ensure full accountability, and that any private proceedings should be limited and face proper scrutiny? What input will members of the public have into the exercise of the duties of a rivers authority, especially in how the provisions in new section 21D will be implemented?

We know that there is an awful lot of experience in how to deal with flooding in our local communities, especially among farmers who have farmed land affected by flooding for many generations. A yearly flood risk management plan seems like a good option. I will be interested to see how the new bodies interact with water companies, particularly with the upstream thinking pioneered by many water companies that cover water catchment areas. A few of us in the Committee are covered by South West Water, which has pioneered upstream thinking for some time. We need to make sure that we are not setting up two bodies with slightly different agendas. That interaction needs to be there.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

I am a representative of Leeds, which has had significant flooding. Some of the solutions that local communities want involve upland management, which provides better long-term solutions in terms of the risks of climate change than large, built flood management schemes. However, those upland areas are in a different local authority. Rivers authorities only operate in one local authority, so I am interested in my hon. Friend’s and the Minister’s opinion on how it will work across authorities.

[Luke Pollard]

I thank my hon. Friend for that. It is worth saying that, even though the Committee has a south-west majority, those people with a south-west link, even if they represent a different part of the country, are very welcome as well.

That question relates to the patchwork quilt of responsibilities that is the underlying context for rivers authorities. How will these new authorities work with different local authorities? My hon. Friend is entirely right that we are moving to an era where we want fewer carbon-intensive end-of-pipe solutions, which are both expensive for those who pay for them and have a large carbon impact in their construction. Lower-carbon interventions, such as the re-wetting of peat bogs or the planting of more trees, are frequently required in an area other than where flooding takes place. I would be grateful if the Minister addressed that.

Proposed new section 21F provides powers to acquire and dispose of property. I am working on the assumption that those powers will be deployed in the same way as local councils deploy them at the moment, with authority and judgment. I would be grateful if the Minister set that out for the record. I am interested to know whether the Minister is confident that the Secretary of State’s framework under proposed new section 21G will not inhibit the autonomy of rivers authorities in relation to how those powers are implemented.

On proposed new sections 21H and 21A, we hope that rivers authorities will be a success and that there will be no need to abolish them, but it is useful to look ahead at all scenarios when creating them in the first place, so what criteria will there be for abolishing a rivers authority? Will there be any scrutiny or appeals in relation to that? A concern from time spent observing the coalition Government is that many bodies were swept away and some of the people who relied on those bodies did not have a say in the process, so I would like to understand how that might work.

It is important, when we talk about flooding, to recognise that with the advent of additional flood planning when new developments come through, those new developments are well protected, but bringing forward flood defences for new developments sometimes means that communities that were not previously affected by flooding now will be. It would be useful to get a sense of how rivers authorities, which will look at flooding in the wider sense, will have an eye on not only the area that they cover, but the impact of their work on other areas.

We have no opposition to the clause, but I would be grateful if those questions could be clarified.

[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 Bailey, and I thank all hon. Members present for taking an interest. The Government support the Bill and all the clauses and amendments that will be discussed today.

It is fair to say that the creation of the rivers authority came about because of the situation in Somerset. To answer the question about pilot authorities, Somerset has effectively had a shadow rivers authority running, so I would expect any learnings to be taken from what has happened there to other councils. If communities wish to come forward and take advantage of these powers, we will consider them, but as it stands the only expression of interest so far is from Somerset, which is the reason the Bill has arisen.

It is worth pointing out to the Committee that one of the reasons for creating this wider opportunity for other people to come forward was to avoid the political difficulty of what is called a hybrid Bill to create a specific authority, which can take anywhere between five and 10 years to get through, if it ever does. The Bill provides that opportunity, but it is not the Government’s intention to go around proactively creating rivers authorities. However, the door will be open if there is local support to do that.

Quite a lot of the powers will be set out in regulations. My hon. Friend the Member for Somerton and Frome talked about the majority of members being from the local authorities comprising the rivers authority. It could be the case that every single member is from those local authorities, but it might make sense to put the Environment Agency on as a member. That will vary from area to area. As things stand, that level of detail has yet to be discussed with the councils from Somerset, but it is something that the Government are open to and it is important that we have that consultation discussion up front.

On the coastal situation, obviously Somerset has a coast. The Bill is intended to address the issue that was identified of a special coming together of a series of rivers, particularly in the levels, which can create a particular situation. All of those rivers are in Somerset and do not go across authorities. However, in answer to my hon. Friend the Member for North Devon, a rivers authority would be required to complement and work with neighbouring areas, as he would expect.

It is important to point out to the hon. Member for Leeds North West that these areas can cover more than one local authority area, so a rivers authority could go across borders if it was deemed appropriate by the councils that wanted to take it forward. The Bill is not prescriptive about there being only one local authority; as I say, there will be ongoing collaboration. I stress that this is not about trying to replace things, but about complementing what already exists by pulling together this new authority concept, which can have a separate precept on a council tax bill. In order to have that privilege, of course the rivers authority will be subject to the elements of local government legislation that were set out.

I do not think that public access to meetings is written into the Bill, but if it were necessary and it needed to be in legislation, I am sure it could be put into the statutory instrument that will be required to create the Somerset Rivers Authority. In effect, the authority would be subject to investigation by the local government ombudsman for England, so protections are in place to ensure there is accountability.

--- Later in debate ---

I do not want to delay things any further, so I hope that hon. Members agree with all that I have said and I commend these clauses to the Committee.

[Luke Pollard]

The Opposition have no problem with the clauses that the hon. Gentleman has talked us through. However, we have one question about charges for non-rate payers: do businesses have similar protection against increases? Beyond a certain percentage, council tax payers have the protection of the referendum; is there a similar protection for businesses, and small businesses in particular? Small businesses affected by flooding frequently use up available capital to restore their businesses and sometimes struggle with insurance. We would not want a situation whereby businesses in an area affected by flooding face increases that are greater in proportion than the increases rate payers face. We should make sure that there is an element of fairness, and I would be grateful if the hon. Gentleman set that out for the record.

[Matt Warman (Boston and Skegness) (Con)]

I will be brief and will begin, as others have, by congratulating my hon. Friend the Member for Somerton and Frome on bringing the Bill forward. When a number of constituents wrote to me urging that I support it, I wrote back confident that it would face either the chop or the Chope. However, it has got through, which we should all be grateful for. According to the Association of British Insurers, my constituency is the most likely in the country to flood, and in 2013 it did so, which is why the Minister is spending £100 million on a flood barrier for it. I am as grateful for that as I am for the five IDBs that work in my constituency.

I want to ask two brief questions. First, the Bill is clearly aimed at the south-west, and I will not pretend for a moment that I begrudge that. However, I would like some reassurance that the IDBs in my constituency that work so well together could, if they wanted, avail themselves of the opportunity to form a rivers authority. Would the Government look favourably on that sort of thing? I say that without wishing to indicate that those IDBs necessarily want to do so, but that option is working well for Somerset in its shadow form and will hopefully work well in the future. I would like to think that we, too, could have that potential benefit.

Secondly, as the expansion of areas that are rated for IDBs is permitted elsewhere in the country, and since we all know that drainage boards work and that their benefits often extend well beyond the areas that pay for them, I hope that the expansion of IDBs will reach not just Somerset but other areas. Unfortunately, councils such as mine in Boston are often affected financially by necessary and sensible rises in drainage rates filtering through to their bottom line. That effectively means that borough councils cannot responsibly raise taxes as much as they wish to, because the 2% cap on council tax might be disproportionately taken up by that rise in drainage rates. A rivers authority is one way of solving that problem, but it strikes me that it is not the only way.

I commend this excellent Bill, and the excellent Member who has brought it forward. I hope that he and the Minister will be able to tell me that it is not only the south-west that will benefit from it.

--- Later in debate ---

[David Warburton]

I turn to the last four clauses of the Bill, which are the usual final provisions that generally are found in one form or another at the end of a Bill.

Clause 5 confers powers on the Secretary of State to make consequential amendments by regulation. Any such regulations may amend, repeal or revoke any enactment, and where they amend primary legislation, they will be subject to the affirmative procedure to ensure parliamentary scrutiny. The Bill makes a number of consequential changes in the rather dense and opaque field of local government finance legislation, so it is possible that not all necessary changes have been identified. As such, it is prudent for the Bill to contain a power to deal with those in secondary legislation. Subsections (3) and (4) provide for the parliamentary procedure to apply to regulations made under the Bill.

Clause 6 simply covers the extent of the Bill—the legal jurisdictions in which the Bill forms part of the law. The Bill extends to England and Wales, subject to subsections (2) and (3). Subsection (2) sets out that an amendment made by schedule 2 has the same extent as the legislation it amends. That ensures that the Government can amend legislation with a wider extent than England and Wales. For example, the provisions of the Local Government and Housing Act 1989 amended by paragraphs 5 to 7 of schedule 2, extend to Scotland, although the amendments made are relevant only to rivers authorities in England. Subsection (3) sets out that clauses 5, 6, 7 and 8 extend to England and Wales, Scotland and Northern Ireland, because of the possibility that regulations under clause 5 may need to amend legislation that extends to Scotland or Northern Ireland as well as to England and Wales, for example tax legislation. Clause 1 and schedules 1 and 2 apply to England only. Clauses 2, 3 and 4 apply to England and Wales, for which the Welsh Government will secure a legislative consent motion from the Welsh Assembly.

Clause 7 sets out the arrangements for commencement of the different provisions in the Bill and how they will be brought into force. Subsection (5) allows the Secretary of State to include transitory or saving provisions in commencement regulations. That does not apply to clauses 2, 3 or 4 insofar as they relate to internal drainage districts that are wholly or mainly in Wales. Subsection (7) gives Welsh Ministers the equivalent power for clauses 2, 3 and 4 insofar as they relate to internal drainage districts that are wholly or mainly in Wales.

Finally, clause 8 provides for the short title of the Bill once it becomes an Act, as I hope it does, on Royal Assent. The short title will be the Rivers Authorities and Land Drainage Act 2019.

[Luke Pollard]

The Opposition have no problem with any of the clauses. It would be good if the officials who beaver away behind the scenes could make the manuscript change to correct “2018” to “2019”. I thank the hon. Member for Somerton and Frome for the way he has conducted himself and listened to cross-party concerns during the Bill’s passage. The Opposition will support these clauses, and the entire Bill, should they be pressed to a vote.

[The Chair]

May I say that the Public Bill Office has that message?