Drinking Water Directive

Michael Tomlinson Excerpts

Monday 26th March 2018 General Committees

[The Chair]

Before we begin, I will briefly outline the procedure in European Committees. First, a member of the European Scrutiny Committee may make a statement, for no more than five minutes, on that Committee’s decision to refer the document for debate. The Minister will then make a statement for up to 10 minutes. Members of the Committee may not make interventions during either statement. Questions to the Minister will follow. The total time for the Minister’s statement and the subsequent question and answer session is up to one hour. The Minister will then move the motion and debate will take place. We must conclude our proceedings by 7 pm.

Does a member of the European Scrutiny Committee wish to make a statement?

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

It is a pleasure to serve under your chairmanship, Mr Wilson. This debate arises because the European Scrutiny Committee, on which I serve, recommended that the House should issue a reasoned opinion against a Commission proposal for a directive that, among other objectives, requires member states to improve access to safe drinking water for all. More specifically, it requires the provision of water fountains in both internal and external public spaces. A reasoned opinion signifies that the House does not consider that a proposal complies with the principle of subsidiarity. Put simply, we believe that this matter should be left to member states, which are best placed to tackle it, and that EU action will not produce a better result. Should this Committee agree, the House will be asked formally to approve the sending of a reasoned opinion by the deadline of 3 April.

We do not dispute the importance of access to safe drinking water, including the provision of water fountains in public spaces. The Government’s response to the Environmental Audit Committee’s valuable report on plastic bottles demonstrates that action in that regard is already under way in the UK. As such, the impact of the proposal, should it need to be implemented in the UK, is likely to be limited. As a matter of law, however, we consider it important that EU legislation respects the principles laid down in the EU treaties, including subsidiarity. While the UK remains a member of the EU, we should look to uphold those principles. Despite some initial uncertainty, we warmly welcome the Minister’s support for the reasoned opinion.

Why do we think that this proposal, and specifically the access to water provisions in article 13 of the proposed directive, breaches subsidiarity? Ultimately, we do not see any reason why the EU is better placed than member states to tackle the issue. In what way would the decision of one member state to improve universal access to drinking water and promote its use have a deleterious effect on neighbouring member states or on the EU’s internal market? We note in our reasoned opinion:

“The Commission fails to provide any explanation in its proposal…as to the necessity of action at EU level to improve access to drinking water or the greater benefit of acting at EU level.”

The Commission justifies its proposal by pointing to the European citizens’ initiative on the right to water, which urged EU institutions and member states to ensure that all citizens enjoy the right to water and sanitation, and urged the EU to achieve universal access to water and sanitation. The Commission also points to resource efficiency and compliance with the UN sustainable development goals. Of course the EU should listen to its citizens and seek to achieve resource efficiency, including by reducing single-use plastics—that is important, as of course is compliance with the SDGs—but is an EU requirement for water fountains in all public spaces really necessary and the best way of achieving those objectives?

The Commission and the UK Government both argue that the proposal allows member states a margin of discretion. The European Scrutiny Committee does not agree that there is sufficient discretion. We are also concerned that the Commission has not complied with the requirement in the subsidiarity protocol to provide a detailed assessment of subsidiarity, which should be substantiated by quantitative and qualitative indicators, ideally including a full cost-benefit analysis.

Finally, I understand that reasoned opinions have been or are likely to be adopted by three other Parliaments or Chambers. Although the threshold for a yellow card may not be reached on this occasion, it is welcome to see continued national parliamentary engagement in EU matters.

[The Chair]

I call the Minister to make the opening statement.

--- Later in debate ---

[Dr Coffey]

My hon. Friend is enjoying his time on the Back Benches; not only is he embracing the Select Committees that he has joined, but he is taking the opportunity to demonstrate his vast experience in the European Parliament.

On the different levels to which he refers, I will have to look at that in a bit more detail, but I am reliably informed that we want our standards to be as good as, if not better than, what has been prescribed. I will ensure that we consider that in more detail when the time comes to respond to the Environmental Audit Committee’s proposal on nitrates.

Thinking of another member of this Committee, I am aware that there are some challenges in Poole harbour about eutrophication, involving different kinds of activities that need to be dealt with. Certainly, the water company is concerned about the run-off of nitrates from agricultural land, which is why we need constantly to make sure that our natural environment and water are of sufficiently good quality, not only for the benefit of the drinking water that we all enjoy; he will be aware of the wider responsibility that we hold dear.

[Michael Tomlinson]

I have said it before, and I will say it again: there is so much positive news coming from this Department and this Minister. I very much welcome her statement. It does not mean that we do not want to have the same standards or better standards than we already have, or that we do not care about access to drinking water, but we already have in place risk assessments from source to tap that this directive would put in place. Can the Minister confirm those points?

[Dr Coffey]

I can confirm that. That is why it has been assessed so far that the additional cost to the United Kingdom of implementing this directive would be zero, recognising the already extraordinary high quality that we have, backed up by our independent regulator, the Drinking Water Inspectorate.

Resolved,

That the Committee takes note of European Union Document No. 5846/18 and Addenda 1 to 5, Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast); considers that the proposal does not comply with the principle of subsidiarity for the reasons set out in the annex to the Eighteenth Report of Session 2017-19 of the European Scrutiny Committee (HC 301-xviii); and, in accordance with Article 6 of Protocol No. 2 annexed to EU Treaties on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.—(Dr Thérèse Coffey.)