Rivers Authorities and Land Drainage Bill

Michael Tomlinson Excerpts

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

[David Warburton (Somerton and Frome) (Con)]

I beg to move, That the Bill be now read a Second time.

I am delighted to speak to a Bill on a topic that, unfortunately, can be close to us all, and sadly can have a devastating and dramatic effect on our constituents and many of us—flooding. The sad reality is that many of our constituencies have at some point experienced flooding, and some, such as mine, face the risk regularly. Flooding is a natural disaster that we have little means of preventing, and of course it occurs all over the world, as we have seen recently in Australia and America. However, we have the power to help our communities to better manage the risk of their homes and businesses being affected by flooding by taking precautionary action to be better prepared so that when the weather does turn out to be against us, there is less risk to life, livelihoods and property, and recovery is quicker.

I am sure that many of us have heard shocking accounts from our constituents, and many hon. Members will, like me, have seen such devastation themselves. The Bill will specifically help us to manage better the risk of flooding and to improve our water management and, vitally, our environment. Hon. Members will remember the devastating flooding that hit the country during the winters of 2013 and 2014. The widespread flooding covered all four corners of the country, as we experienced the wettest winter for 250 years. Some 11,000 properties were flooded, and the total economic damage for England and Wales is estimated at £1.3 billion.

In Somerset, water entirely covered the levels and moors and devastated the land; 150 sq km of land was submerged for many weeks. According to the Environment Agency, 100 million cubic metres of water covered Somerset’s otherwise green and pleasant land. By my reckoning, we were up to our necks in 40,000 Olympic swimming pools-worth of water. Lives, homes, businesses and infrastructure were all affected, and I will never forget making visits to the village of Muchelney in 2014 not by road, but by boat. I stood in people’s houses that not only were waist deep in water, but had been flooded only 12 months before. Livelihoods really were driven to the brink, and people were understandably driven to despair. The cost to Somerset was estimated at £147 million.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I congratulate my hon. Friend on introducing this important Bill, which will help his constituents and many of ours. He said that flooding affects all four corners of this country. Perhaps the Minister may be able to pick this up, but the explanatory notes and the Bill’s territorial extent and application clause refer only to England. A subsequent subsection refers to the legislative competence of the Scottish Parliament and so on, but will my hon. Friend or perhaps the Minister explain what will happen to the whole United Kingdom? My hon. Friend is bringing forward such important matters that the Bill should touch our whole United Kingdom.

[David Warburton]

My hon. Friend is right that the Bill refers to England alone. It does not cover the separate competency that the Scottish Parliament will have. I am sure that my hon. Friend the Minister for Agriculture, Fisheries and Food will explain more about that.

After the devastation of the 2014 floods came grief and blame, and finally—thankfully—a desire to take action. I am sure that these thoughts are replicated after every disaster. One action that was taken was the creation of a 20-year flood action plan for the area. This was done at the sensible request of my right hon. Friend the Member for North Shropshire (Mr Paterson), the then Environment Secretary. A key innovation that came from that plan was the creation in 2015 of a new body, the Somerset Rivers Authority. Since then it has overseen more than 120 projects.

The first measure in my Bill will allow for the creation of rivers authorities. They will be locally accountable flood risk management authorities with the power to issue a council tax precept. A rivers authority will bring together other local flood risk management authorities and use the precept to fund additional local flood risk management work. Such a body could be created anywhere in England where there is local support, and if proposed by a flood risk management authority.

We are fortunate in Somerset that we already have such a body, but we need the Bill to incorporate it fully. In doing so, the Somerset Rivers Authority would be able to secure its future. A flood risk management authority would have duties and would, for the first time, be able to put its finances on a stable footing as a precepting body. The Bill includes additional safeguards for local tax payers, of course, and would allow the rivers authority to plan its water and flood management schemes into the future and thereby create a safer, more secure environment for us all.

--- Later in debate ---

[Victoria Prentis (Banbury) (Con)]

I did not think we would get on to this Bill today, but I am thrilled that we have, because I have always felt strongly about flooding. That is partly because of my paternal grandfather, who always used to say that there was no better sound than that of a well-running drain. Also, I hesitate to say this but my mother is Welsh and Wales does suffer from a certain amount of wet weather. So this runs in my veins, and I grew up to become a barrister who prosecuted water companies, and I was always very interested in the way in which we could regulate both clean raw water and the clean water in our taps. As we all know, many in this House have tried very hard to reduce the amount of plastic waste that we produce, and one way to do that is to drink tap water instead of drinking water out of plastic bottles. I was glad to see from my prosecution days that the water that runs out of our taps is of very superior quality.

I now have the honour to represent Banbury and Bicester. They are wonderful places in many ways, but it has to be said that we are quite damp locally: not as damp possibly as the constituency of my hon. Friend the Member for Somerton and Frome (David Warburton), but we do suffer from a very high water table. I met the Environment Agency last week and was very pleased to be shown the map of my constituency. I say I was very pleased, but in fact I was completely horrified because it showed the quality of raw water described in colours, with the darker the colour meaning the more worried we should be. Part of me was proud to see that the only green on the map represents a very small area very near where my family farms; part of me was pleased about that and I keep meaning to mention it to my father—perhaps I am doing to so in the Chamber this afternoon—who I know would be proud. The rest of the map was very troubling, however. Most of it was dark orange and some areas were red. The Environment Agency explained that there are reasons for that: apparently if a drainage course is altered, that in itself can lead to an area being in the red, and it does not necessarily mean the quality of the raw water is of concern. In looking at this matter, we might therefore need to consider whether the mechanisms we use to measure water quality are a little clunky; the Minister might want to address that later.

It is worrying, however, that an area that is damp—traditionally, geographically—and where the water quality really matters to us should have this problem. As Members know, we are very keen on our house building programme locally; we are keen to promote growth, but we are also keen that this should not be at the expense of the natural environment. I have asked the Environment Agency to follow up what it told me last week and I will be continuing to monitor this matter very closely.

The other reason I am particularly proud to speak this afternoon is that, following severe flooding in my area over the winter of 2015-16—some years after the floods mentioned by my hon. Friend the Member for Somerton and Frome—over £200 million was made available to help communities and businesses across the UK recover and a further £130 million was given to be spent on repairing damaged transport infrastructure. We were very interested in that scheme and responded to it.

Many of my constituents will recall the Easter of 1998 not as a time of celebration but as a time of severe devastation. Heavy rain caused a flood that closed our railway station and many roads. Approximately 125 residential and 35 commercial properties were affected, resulting in more than £12.5 million of damage. Another flood in the summer of 2007 reinforced the need for a comprehensive flood alleviation scheme in Banbury.

The geography of the valley alongside the river that runs through Banbury makes the town susceptible to flooding following heavy rain. The alleviation scheme consists of five elements: a large flood storage reservoir upstream of Banbury; a key elevated highway into the community; new earth embankments, flood walls and pile walls in strategic locations; a new pumping station; and a bio-habitat, complete with ponds, trees and hedgerows. The scheme has worked enormously well, transforming both the town and the area downstream of Banbury, where I live, which used to suffer from being flooded on purpose when Banbury was at risk.

The other thing that makes me particularly proud of the scheme is that it was funded by a combination of means, both private and public, and the model should be considered and taken up nationwide. The project was funded by the regional flood defence committee, Cherwell District Council, Thames Water and Network Rail and was brilliantly spearheaded by the Environment Agency. Prodrive, a private motorsport company, also constructed part of the defences to protect its bases on Chalker Way. The scheme is a good example of how to deal with flooding, and this Bill is a good and sensible step forward.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I can tell that my hon. Friend is about to close her speech, but she mentioned at the beginning her expertise in prosecuting in this area in her previous career as a barrister. We do not want to anticipate that things will definitely go wrong, but things inevitably do, so what does she envision for the regulatory supervision of the new rivers authorities? What advice can she give about supervision, specifically for this Bill, given her previous expertise?

[Victoria Prentis]

I would not want to step on the toes of my successors in the Government Legal Service, but I am sure that they will be studying the Bill’s provisions carefully. In my view, anything that further highlights this important area is of use to those who prosecute to ensure that our water, both drinking water, in which I used to specialise, and raw water, is clean, and it is really important that we concentrate on both types. This country has some fantastic legislative provisions to protect our very good drinking water, but raw water is also important. People walk by it, play in it, swim in it and, of course, it often becomes the water that we drink. The Bill is a good and sensible step forward, and I look forward to seeing how rivers authorities will carry out their work. I am proud to support my hon. Friend the Member for Somerton and Frome today.

[James Cartlidge (South Suffolk) (Con)]

It is a pleasure to speak on this important Bill. I congratulate my hon. Friend the Member for Somerton and Frome (David Warburton) on putting his case eloquently.

The Bill goes to a fundamental part of daily life that we can take for granted until we receive the terrible news that we have been flooded. East Anglia is probably most famous for coastal flooding, but I will address two specific issues, one technical and the other more general.

First, I have had feedback from constituents about the position of riparian mill owners. I have had a lot of correspondence and surgery attendances from constituents who happen to have purchased properties that include an old mill with floodgates. This might sound obscure, but there are quite a few of them in my constituency. The issue is that the Environment Agency has been writing to riparian mill owners to say that it will no longer have responsibility for floodgates in such cases and that those responsibilities now lie with the riparian owner.

A constituent in Hadleigh came to see me. He is not a riparian owner, but he lives next to the floodgates and has to operate them because the owner is recently deceased. He has expressed concern: if the Environment Agency is pulling out of responsibility in such areas, who will co-ordinate? His argument, and it is a fair argument, is that if there is a flood, the use of the gates has to be co-ordinated. One set cannot be operated without taking account of the gates further down the river. I therefore intervened on my hon. Friend earlier to try to clarify the relationship between a rivers authority and the Environment Agency. Now that the EA is pulling out of responsibility, what can be done to co-ordinate those who now hold that responsibility? That is an important and germane question, technical and specific as it may seem.

I am not sure whether my hon. Friend the Minister for Agriculture, Fisheries and Food, has had correspondence on this, although I have spoken to and corresponded with my constituency neighbour, the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), who is the Minister responsible. The latest correspondence I have received from the Environment Agency about mill owners says that, in its view, the gates do not make enough difference to flooding. That is the Environment Agency’s subjective opinion, with which many mill owners disagree.

At the moment, although it may not be widespread, there are people in my constituency who would like to see the sort of action my hon. Friend the Member for Somerton and Frome is talking about, including the greater co-ordination of efforts to deal with flooding. If the community thinks the Environment Agency is not doing enough, what else can be done? If a rivers authority is the sort of body that could take up some of those responsibilities, I would certainly welcome it.

[Michael Tomlinson]

My hon. Friend picks up an interesting point. My hon. Friend the Member for Somerton and Frome (David Warburton) said that the initiative to establish a new rivers authority must come from local flood risk management and that it must have local support. My hon. Friend the Member for South Suffolk (James Cartlidge) has just been making that point about co-ordination and support. Does he share my concern about what happens when there is a dispute and when the local community does not speak with one voice on whether this is the right way forward? What happens then? Perhaps the Minister could address that point in his closing remarks. Is there a gap in the Bill that needs to be considered?

[James Cartlidge]

That is an excellent point. Let us be honest; most of my constituents are not mill owners and do not have trouble at t’ mill, and are not overly concerned about the duty of others to operate these gates, which is a heck of an operation.

Secondly, how do we indicate that there is support? How do we bring forward such an authority in an effective way? There will be those who are not particularly bothered about it but who will notice the new charge on their council tax. I strongly support the use of precept funding for specific services, and not just in connection with the Bill. I have always defended the current Government policy of using precepts to fund increases in police expenditure, establishing the principle that the council tax payer knows where that increase is going. Many of my constituents might say, “Look, central Government fund the police. If we want more police officers, it should come from central Government funds.” I argue that, under the precept, all the money will be spent on the Suffolk constabulary, which provides better accountability.

On the principles of this Bill, I very much like the idea of using the precept model, as it is clear what people are getting. For that to be supported, it would have to be obvious to the public at large that this area needed a greater level of co-ordination for flood risk. I guess that is, ultimately, the whole point of the Bill. I know it contains measures on drainage boards as well, because we do not have to go the whole hog of setting up a rivers authority. I just make the point that this kind of local empowerment, saying to an area, “You have this choice should you wish to. Don’t just rely on the centre,” is a good way to go in terms of public policy.

Other than that, I just want to congratulate my hon. Friend the Member for Somerton and Frome on the Bill. I look forward to seeing whether the Minister is able to give any clarification on the position of mill owners and the co-ordination of gate operation in the event of flood risk, as that is an important issue for some of my constituents. I wish the Bill well.

[Peter Heaton-Jones (North Devon) (Con)]

It is a pleasure to follow my hon. Friend the Member for South Suffolk (James Cartlidge) and to speak on this Bill, which is promoted by my hon. Friend the Member for Somerton and Frome (David Warburton). I am about to say something that I rarely say in this Chamber, which is that I look upon Somerset with envious eyes. As one knows, Somerset is merely the county one passes through to get to Devon. I will not finish that idiom by saying that Devon is there to avoid having to go to Cornwall, on the basis that the Minister for Agriculture, Fisheries and Food, my hon. Friend the Member for Camborne and Redruth (George Eustice) will be replying shortly—and a fine Minister he is, too.

The reason I look upon Somerset with envious eyes is that, as my hon. Friend the Member for Somerton and Frome has rightly pointed out, his area has the Somerset Rivers Authority. This Bill seeks to put such authorities on a statutory footing as far as their funding is concerned. The SRA has done extraordinarily valuable work for his constituents, and householders and residents in the other constituencies across Somerset. We do not have such a thing in Devon—we do not have a Devon rivers authority—but a little history and research proves that there was once such a thing. Perhaps we could bring those days back. So here is a little history, for those who are interested—and indeed for those who are not, as they are going to get it anyway. The Water Resources Act 1963 came into force on 31 July 1963, two days before I was born. I am pleased to say that unlike that Act, I am still around. It was repealed on 1 April 1974. That Act created 27 rivers authorities, one of which was the Devon River Authority, but all of them went by the wayside, abolished when that Act was superseded from 1974 onwards.

I particularly welcome my hon. Friend’s Bill and his contribution today, because it seeks to hark back to a time when we rightly had rivers authorities, which were doing work that is best done by local experts, local people—those who know the environment. The importance of this has been brought home to me in my constituency in much the same way as it has for my hon. Friend in Somerton and Frome by the flooding that we have experienced.

[Michael Tomlinson]

I am jealous, as Dorset was not mentioned in my hon. Friend’s great journey throughout the south-west. I want to make a serious point, which I think he has touched on and I raised with my hon. Friend the Member for South Suffolk (James Cartlidge). It relates to whether there is consensus in a local area. My hon. Friend the Member for North Devon (Peter Heaton-Jones) talks about the historical position in Devon, but of course this Bill would require local support for its proposals. What would happen if that local support was not there? What measures would there then be in Devon to help prevent such flooding and provide support?

[Peter Heaton-Jones]

As always, my hon. Friend makes an extraordinarily good point. A number of other arrangements and organisations are in place in North Devon and the wider county that seek to do that work. I was going to mention some of them, and my hon. Friend’s helpful contribution provides me with the perfect opportunity to move on—to the House’s relief—and to do that.

Another measure in the Bill that is relevant and significant for me in North Devon is the one that addresses the obstacles for the raising of expenses for certain internal drainage boards. If I heard my hon. Friend the Member for Somerton and Frome correctly, he has three IDBs in Somerset; I have one, the Braunton Marsh internal drainage board. I have had a lot to do with this organisation because historically Braunton, a large village in my constituency, has suffered serious flooding because of its location near the coast, on the fringes of the estuary. The main period of flooding, which some Members may remember, happened over Christmas in 2012. The village was the victim of flash flooding and many people were forced out of their homes over the entire Christmas period. Many businesses suffered, and some sadly closed because they never recovered from having to be closed during the floods.

I have spoken to the Minister and other Ministers about how we can deal with the victims of flooding. In particular, I have been involved in a lot of discussions about the Flood Re scheme and about the benefits or otherwise of some of the commercial insurers that provide support for businesses that might be the victims of flooding. There is more work to be done, but the Bill starts, if I may use this phrase, to build the foundations on which we can ensure provision for some of the bodies that provide valuable support and flood maintenance and flood prevention schemes, such as the IDBs, the Environment Agency, and in my constituency the Braunton Marsh inspectors, a fine body set up by a piece of legislation dating back to Victorian times. They all do sterling work. The Bill promoted by my hon. Friend the Member for Somerton and Frome would add to that. It is welcome and I look forward to hearing the Minister—although a Cornish Member—voice his support for it shortly.