Oral Answers to Questions

Neil Hudson Excerpts

Thursday 20th March 2025 Commons Chamber

[Madam Deputy Speaker]

I call the shadow Minister.

[Dr Neil Hudson (Epping Forest) (Con)]

The Conservative Government protected over 600,000 properties from flooding, introduced the £100 million frequently flooded allowance and committed to a £5.2 billion investment in flood protection. However, we know that the mental health impacts of flooding remain long after the waters subside. Rural communities face unique challenges, including outbreaks of diseases such as avian influenza and foot and mouth—a clear and worrying threat, given the recent cases in Germany and Hungary. Unfortunately, this Labour Government are exacerbating such stresses with their family farm tax and by scrapping the farming resilience fund, which supports mental health. Can the Minister confirm, for the sake of mental health, what support will be offered to rural communities in place of the scrapped fund?

[Emma Hardy]

That all started so well—we nearly managed to get through the question with me agreeing with the hon. Gentleman. He is quite right about this issue, which he has mentioned before. I am in complete agreement with him about the impact of flooding on mental health, and I know that we all take it seriously. We are investing £500,000 in mental health charities to support rural communities, but I completely recognise the devastation that flooding causes, and I am always happy to work with Members from across the House on how we can support people’s mental health.

Draft Flood Reinsurance (Amendment) Regulations 2025

Neil Hudson Excerpts

Wednesday 26th February 2025 General Committees

[Dr Neil Hudson (Epping Forest) (Con)]

It is a delight and a privilege to serve under your chairship, Ms Vaz. I thank the Minister for laying these important regulations.

I am pleased to say that His Majesty’s most loyal Opposition are happy to support this measure, which will help to ensure that Flood Re can continue to operate effectively. As the Minister articulated, the Flood Re scheme is vital. Since its inception in 2016 under the Conservatives, many people have relied on the scheme. We have sadly seen increasingly frequent extreme weather events in recent months and years, with the number of named storms continually going up, so it is important that people have coverage. When those extreme weather events cause flooding in the United Kingdom, they have brought horror and devastating consequences to many people’s livelihoods and finances.

The Minister and I have great mutual respect. We have talked a lot about the severe financial implications when floods hit, and about the human implications—the mental health impacts, the stress and anxiety of people who worry about being flooded and then the trauma when they are. The Flood Re scheme is vital to mitigating, to some degree, the things people go through. Enabling the effective use of Flood Re to support those affected by flooding will not only mean that people receive the financial support they need, but reduce harm to their mental wellbeing, because they know that some support is there when they need it most.

With that, and given that not having an effective Flood Re scheme may result in high-risk households being left without flood insurance, it is a clear and common-sense decision to support this statutory instrument. The increase in the levy is therefore a pragmatic decision, which I note takes into account inflation. According to the Government’s assessment, the cost of the increase in the levy, which will most likely be passed on to consumers through the premiums, is estimated to be about £1.60 per policy.

Although I welcome reaffirming the importance of Flood Re, I hope to see more ambition from the Government about the scheme’s future expansion—I have talked to the Minister about that before. There is potential to expand the scheme, and we have talked a lot about whether businesses can come under its umbrella. What discussions has the Minister had with businesses about the potential merits of expanding the scheme to include them? Equally, there are people who live above their business, so a composite home and business could be affected by flooding. Again, in the spirit of cross-party consensus, I hope the Government will move forward to help more people when floods hit.

Furthermore, the eligibility for Flood Re states that a home must have been built before 1 January 2009. Although I appreciate that regulations have since been strengthened to consider flood resilience, the Minister will be aware that properties continue to be built on at-risk floodplains. In the light of the central, top-down Government targets that are coming for house building, which may mean that more houses are built in at-risk areas, will the Minister ensure that homes built after 2009 have the security of flood insurance? Will she consider expanding the Flood Re scheme to include homes built after 1 January 2009? Labour Back Benchers have also called for that.

Helping people who are traumatised by flooding is above party politics. I have been calling for the expansion of the Flood Re scheme for some time. I hope that the Minister, her colleagues and her officials in DEFRA can look at its merits and talk to the Treasury about that too.

More broadly, as well as insurance, prevention is key. The last Government protected more than 600,000 properties from flooding between 2010 and 2024, and published a policy statement to make England more resilient, with 40 actions and five ambitious policies stemming from that. Furthermore, in March 2020, it was announced that the flooding budget would be doubled to £5.2 billion over the next six-year spending period to deploy more flood schemes. The Minister has confirmed that the Government will bring forward a flood resilience strategy. When can we expect it to be published, and will it include specific targets?

The Government have also launched the floods resilience taskforce. At the last count, we believe it has met only a couple of times recently—if it has met more than that, I stand to be corrected—despite the increase in drastic and devastating flooding. We want it to meet more frequently. Can the Minister assure us that it will meet regularly, and sometimes in advance as these frequent events come down the pipeline? We know flooding will happen in the winter months, so can the taskforce meet more regularly? What has the taskforce done to tackle flooding, especially after the storms that have recently hit the UK? How will it protect residents, farmers and businesses from the next set of storms that we know will come?

For properties that are sadly flooded, support is required. The last Government introduced the frequently flooded allowance, which was a ringfenced fund of £100 million to protect areas that had been affected by repeated flooding. The Government have yet to confirm whether that funding will continue and whether it will be ringfenced. Can the Minister enlighten us on the Government’s plans?

The support available to handle the aftermath of flooding, such as the Flood Re scheme that we are talking about today, has also included discretionary funding, such as the Bellwin scheme. Again, the Minister and I have had exchanges across the Dispatch Box on this issue. When such events happen, can she assure us that there will be cross-Government talks to make sure these support schemes can be activated on a pragmatic, compassionate and case-by-case basis?

[Sir Julian Smith (Skipton and Ripon) (Con)]

Does my hon. Friend agree that engagement must happen with councils as well? North Yorkshire has suffered very badly from floods recently, but the engagement with North Yorkshire council has often been lacking, from not only this Government but previous Administrations. That is largely based on cost, but that engagement is key.

[Dr Hudson]

I totally agree. There needs to be joined-up thinking at all levels of government, including local authorities. There also needs to be engagement with local emergency resilience groups, many of which are volunteers. When storms and floods hit, can people get the information they need? DEFRA could work with the Environment Agency, local authorities and emergency resilience groups to help people when they are flooded. There needs to be a co-ordinated effort that considers things such as planning, insurance, flood prevention, support and response. I hope that my questions are constructive in helping people when they experience dreadful flooding events. We support helping Flood Re to do its excellent work.

[The Chair]

Before I call anyone else, I remind hon. Members that the regulations increase the levy from £135 million a year to £160 million a year. Could Members focus their comments on the topic of the regulations?

Water (Special Measures) Bill [Lords]

Neil Hudson Excerpts

Consideration of Lords message
Tuesday 11th February 2025 Commons Chamber

[Emma Hardy]

I thank my hon. Friend for his intervention. I know how much he cares about this and many environmental issues. Amendment (a) refers only to the reporting arrangements for levels of debt rather than specifying the levels of debt that would be acceptable. It is about increased transparency, whereas his points fall more into the remit of the water commission, which is looking at all those issues as part of its wider work. I stress that the amendment is just about how information is reported and transparency.

The information must be made available in a prominent place on the water company’s website, ensuring accessibility for members of the public. Subsection (4) of proposed new section 35E also provides Ofwat with the power to determine the information that a water company must publish, as well as the ability to review requirements on financial reporting from time to time. That addition will ensure that reporting requirements keep pace with changes in the expectations and needs of bill payers. I would like to be clear, however, that the Government expect the power to be used to ensure that reporting requirements remain relevant, rather than to dilute or diminish the ambition of reporting requirements.

Financial reporting will also continue to be underpinned by pre-existing statutory obligations and licence conditions. In line with other requirements brought forward in clause 1, this new requirement will commence on Royal Assent. These amendments will help to rebuild public trust in the sector and provide the public with the levels of openness and transparency that they deserve.

I turn to the other Government amendment, which relates to the requirement for Ofwat’s rules to be confirmed by way of affirmative statutory instrument, as reintroduced by the motion tabled by Lord Blencathra in the other place. While the Government recognise that there were calls in the other place for increased parliamentary oversight of Ofwat’s rules, we have significant concerns that a requirement for Ofwat’s rules to be finalised through an affirmative statutory instrument would delay the rules being implemented.

We are clear that Ofwat’s rules should be brought forward as soon as possible. That will ensure swift and meaningful improvements in the performance and culture of water companies as they begin to deliver on the largest investment package in the history of the water sector. Requiring the rules to be confirmed by statutory instrument would risk delay to the rules coming into force. We also maintain concerns that the Lords amendments would compromise the independence of Ofwat, because they would require Ofwat’s rules to be confirmed through legislation prepared by the Government. That independence must be protected if we are to ensure investor confidence in the water sector.

The Government are confident that the Bill already provides for sufficient scrutiny of Ofwat’s rules as it is required to conduct a statutory consultation on the rules before they are finalised. Separately, Ofwat has already concluded an initial policy consultation on a draft of the rules and how they will apply. It received 11,700 responses on the rules through its consultation, which it is actively considering. As such, the Government are seeking to reverse the requirement and to introduce provisions in its place that will require Ofwat to provide its first set of rules in draft to the Secretary of State at least seven days before they are issued. I hope that hon. Members across the House will support that change, which will ensure that Ofwat’s rules are put into place as soon as possible following Royal Assent, in addition to the Government’s amendments to introduce new financial reporting requirements.

[Dr Neil Hudson (Epping Forest) (Con)]

It is a great pleasure to speak in this final stage of the Bill. Before I start my remarks, I will respond to the pertinent question about levels of borrowing for water companies asked by my friend and former colleague on the Environment, Food and Rural Affairs Committee, the hon. Member for Brent West (Barry Gardiner). The Minister is right that Government amendment (a) is about reporting rather than the levels of borrowing. It is regrettable that the Government chose to reject the Conservative amendment in Committee that would have allowed the Secretary of State to set the amounts of borrowing for water companies. I hope that, as we move towards Cunliffe review, the Government may look at that again so that we can have tighter control on the water companies and their levels of debt.

Before I make my remarks on the Lords messages, I will say that getting to the Bill to this stage has been the result of much hard work across this House and the other place. I thank everyone, both front of house and behind the scenes, who has worked hard to get us here. That includes: the Minister for her willingness to listen to those across the House throughout the Bill’s passage; similarly, her counterpart in the other place, Baroness Hayman; those who have worked to draft the Bill and amendments; the Bill Committee; parliamentary staff from the Department for Environment, Food and Rural Affairs; and campaign groups and stakeholders who provided their insights to the Committee to help make the Bill even stronger, not least the Conservative Environment Network, the Angling Trust, and the Wildlife and Countryside Link.

Sadly, however, as the Opposition have stressed throughout the Bill’s passage in this House and the other place, this final stage of the Bill risks being yet another missed opportunity to act holistically on this important issue. It is unfortunate that the Government have been unwilling to go much further than their copy-and-paste approach, rebooting measures that the Conservatives took in government to address this issue.

We heard in previous stages how the bans on bonuses for water company chief executives and ensuring that 100% of storm overflows are monitored—up from 7% under Labour—were introduced by the previous Conservative Government. None the less, ever the optimist, I came to the Chamber hoping that the Government might be willing to reconsider their position on the issues of the amendments and the reasoning from the other place, which cover familiar ground. We debated these issues in the previous stages, not only in this House but in the other place.

At the heart of the Lords amendments is a theme that His Majesty’s most loyal Opposition have emphasised throughout the Bill’s passage: accountability. The previous lack of accountability for water companies created many of the issues that the water industry has faced. The Conservatives in government and now this Government have attempted to try and address that. This is another chance for the Government to go even further and inject some of what is really needed into their approach.

I turn to Lords amendment 1B, which reverses the Government’s decision to remove measures from the Bill that would require financial reporting to be collected by Ofwat for its remuneration guidance. We know that one of the most worrying aspects of our water industry has been its financial resilience, as Ofwat’s “Monitoring financial resilience” report back in November made clear, with 10 companies at need of increased monitoring and three in the highest category of risk, with closer monitoring required at a more senior level with Ofwat.

We all know, too, the cases involving specific water companies and the real risk that financial mismanagement brings for the survival of those companies and the water provision that their consumers rely on. It is disappointing, therefore, that the Government have been unwilling throughout the Bill’s passage to accept Conservative amendments, or Cross-Bench amendments such as this one by Lord Cromwell, offered in a constructive spirit, which may have gone some way to address the issue. None the less, the Opposition truly want to see better financial resilience. Therefore, on financial reporting in particular, we want the Government to accept this as a reasonable step to regain accountability on financial resilience.

The Lords amendment to clause 1 would quite simply mean that, when it comes to financial reporting, there would be nowhere to hide for water companies and the decisions they make in this area. I note that, following the Lords’ rejection of Commons amendment 1, the Government have tabled amendment (a) to Lords amendment 1B, which will go some way to improving the financial transparency of water companies, as a formal concession to Lords amendment 1B.

Subsection (4) of Government amendment (a) states that what water companies must publish should be decided “from time to time”. I hope the Minister can see that such vagueness might be a problem moving forward, as “from time to time” could allow the regulator not to review when the need arises, because it had done so a few years prior or even longer ago, and justify that by arguing that it was doing so “from time to time”, as the law outlines. Even if nothing or little would need changing from year to year, or every few years, surely it would be better to require this at least to be reviewed at precise regular intervals so that the most valuable information is provided in the best possible format.

That aside, however, His Majesty’s most loyal Opposition acknowledge the Government’s concession on financial transparency, and indeed public access, including characteristics of capital and debt. We are pleased to see that addition to the Bill.

In the same spirit, I move on to Lords reason 2A to disagree with Commons amendment 2, which urges this House to consider again the requirement that any rules under clause 1 be brought into force by means of a statutory instrument from the Secretary of State. Again, this amendment is familiar territory that we have debated at many stages, having been a measure consistently called for by His Majesty’s Opposition in the other place and in this House, both in the Chamber and in Committee. We have maintained throughout that accountability is needed to deliver and enforce change in the water industry, but that must include the Government of the day, no matter which party they are.

It is odd that, on the one hand, this Government have claimed that they want a tight grip on water companies, while on the other, they consistently oppose a measure that would allow them to do exactly that. It is odd, too, that in Committee, the Liberal Democrats sought to amend the same part of the Bill that would have that effect. Their intentions were to bring in guidance as soon as possible, but there is a distinction between intent and effect. Removing some of the same lines would have had the same exact effect in ridding the Bill of the statutory instrument requirement that this amendment seeks to maintain.

The Government have argued—as the Minister has again today—that they fear that Ofwat’s flexibility to adapt their rules as necessary could be impeded in some way. But statutory instruments remain a timely measure to introduce any changes if needed. So once again, the Government’s argument does not stack up. It is only right that we, as parliamentarians elected by the British public to represent their interests with our voices and votes, are able to look at the proposed rules and exercise our ability to voice concerns if they risk falling short of protecting the public’s interests. Why deny the public and Members of this House the ability to uphold accountability of the water industry, which has been missing for too long? As such, once again we have urged the Government to accept what we believe is a reasonable set of amendments in the name of accountability.

Now, at the 11th hour, the Government have tabled Government amendment (a) in lieu of Lords reason 2A that disagrees with Commons amendment 2, the amendments tabled and argued for by my Conservative friends in the other place the noble Lord Roborough and Lord Blencathra, and add that the remuneration and governance rules may not be not be enacted until they have been provided in draft to the Secretary of State. There is a move towards some Government accountability, but sadly, not what the Opposition had wanted: a statutory instrument laid by the Secretary of State and approved by both Houses.

None the less, I am grateful that the Government have listened to Lord Roborough, me and the other Conservative colleagues who have argued for more accountability, and that they have moved a little towards us with this amendment. However, I am still unclear why the Government appear scared of full accountability. Sadly, I fear that some of these last-minute concessions, which we would like to go further, look like the Government trying to avoid double insistence and the Bill failing. We do not wish the Bill to fail, as we all want the same thing: to see our waters improve and for the Government to continue with the measures that the Conservatives set in train in the last Parliament. In that spirit, we will not stand in the way of the Government’s amendments.

There has been many a chance for the Government to grab opportunities to bolster the Bill with both hands. Many chances have been missed throughout its passage, not least by the Government continually rejecting our water restoration fund to ringfence fines to restore local waterways, rather than to balance the Treasury’s books. They did not accept our sensible proposals to go further with nature-based solutions to flood risk. They rejected our proposals for fines on water companies to result in equivalent reductions in customers’ bills, and our sensible proposals to allow the Secretary of State to place limits on the amount that water companies can borrow. They blocked our proposals to protect consumers in different parts of the country from paying for failing water companies that do not supply them.

As the Bill progresses and the Cunliffe review begins, I again urge the Government, for the sake of our water, environment, constituents, communities and, indeed, fairness, not to let political pride and dogma stand in the way of doing the right thing and making water legislation the best it can be. We wish the Bill well as it ends its journey in this House.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

--- Later in debate ---

[Tim Farron]

The hon. Lady is right. Previous Governments of all parties have not tackled these issues as they should have done—including, of course, the previous Labour Government, under Gordon Brown and Tony Blair. There is no doubt whatsoever, however, that we are now looking at a massively changed situation. Why do the public care so much more about this issue than five or six years ago? It is because—I say this neutrally—we were in the European Union before then, and we had different levels of scrutiny. It is also because this House went through the process of basically lifting the bonnet to see what was already acceptable, at which point people in this place and around the country became utterly outraged at what was permissible. Yes, parties of all sides bear a responsibility, and not least the party that privatised the industry in the first place and let the cat out of the bag.

Ofwat does need to be scrutinised; that is what I find most frustrating. Now that the UK is not in the European Union, our own regulations are not scrutinised from outside—so if we do not do it, who will? We have heard many times of Ofwat’s failure to scrutinise properly and hold to account the water companies; we heard on more than one occasion in Committee, as well as in this Chamber, of the £164 million in fines that Ofwat has levied against three water companies, of which, four years on, it has collected precisely zero pounds and zero pence. Our argument throughout this process has been that Ofwat, despite containing many very good and valuable people who are working their hardest, is nevertheless a regulator not fit for purpose. The amendment seeks to force Ofwat to give six months’ notice of bonuses it has signed off, rather than the seven days that the Government want, which is inadequate.

[Dr Hudson]

I am slightly curious as to why, at the eleventh hour, the third party is now changing its position. In the other place, when this amendment was pushed to a vote, the Liberal Democrats abstained on two occasions, but now they are playing political games and actually risking the progress of the Bill. The amendment, as it stated, was to introduce a statutory instrument to increase parliamentary scrutiny and accountability. The Government have moved some way—although not as far as we would like—but the third party is now playing political games, and risks the progress of a Bill that is trying to improve the state of our waters.

[Tim Farron]

I thank the hon. Gentleman for his intervention. I can do maths, so I know there is absolutely no threat whatsoever to the progress of this Bill—I know what the numbers will be, roughly, when and if we divide on this matter.

I am not a late convert but an early convert—a convert long before the hon. Gentleman—to the importance of scrutiny. It is therefore important that we make this case: imperfect though this proposal is, it is far better for this House to be given six months’ notice of Ofwat’s intention to allow bonuses than seven days. That is surely better, and that is why we insist as we do. This is Parliament scrutinising Ofwat because of Ofwat’s failure to scrutinise the water companies.

That is our simple point. It is why we have proposed much more radical reform throughout this process, including the abolition of Ofwat altogether. It is not the fault of the people who work for the organisation specifically. When regulation of the water industry is fragmented across parts of Ofwat and other agencies, which do not have the necessary powers and resources, the water companies will, of course, run rings around the regulators, and it is our constituents and our waterways—our lakes, rivers and coastal areas—that bear the brunt and suffer.

[Dr Hudson]

I am very grateful to the hon. Gentleman for giving way again. He talks about a number of fantastic amendments the third party made in Committee, many of which were so poorly worded that they were not actually worth voting on. His particular amendment about abolishing Ofwat actually contained no suggestion as to what the third party would replace it with, or how much it would cost—

[Tim Farron]

It did.

[Dr Hudson]

It did not. It did not set out how much it would cost or how long it would take. While we want Ofwat to have the teeth to hold water companies to account, the third party proposes getting rid of it. Again, is it the party of protest that is not offering any credible solutions.

[Tim Farron]

Well, first of all, if the hon. Gentleman had paid more attention, he would know that we proposed a clean water authority, which would gather up all the powers of Ofwat and the environmental and water regulatory powers of the Environment Agency.

I say this gently, but, again, there is a pattern here. Both in opposition and in government, the Conservative party shows greater levels of fury and anger over Liberal Democrats campaigning to clean up our waterways than over the fact that our waterways are full of poop in the first place.

[Dr Hudson]

Will the hon. Gentleman give way?

[Tim Farron]

I have already taken two interventions from the hon. Gentleman, so I will not.

My simple comment is that this Bill will do good, and we are supportive of it. We wish only to trouble the House a short time to ensure greater scrutiny is brought in. We have accepted throughout this process, with some reluctance, the Government’s position that this is part 1, and that part 2 is to come, and that the review led by Sir Jon Cunliffe will potentially consider more radical action. We hope that is the case, and we shall engage with things on that basis. I have in my hand some pieces of paper that I propose to send to Jon Cunliffe, which tighten up some of the smorgasbord of amendments, as they have been called.

We care deeply about our waterways. I am honoured to represent the bulk of the English Lake district, with so many lakes and rivers, as well as our coastal areas in Morecambe bay. The quality of our waterways is deeply personal to me and to my communities. We shall continue to campaign unashamedly for something far better for our constituents, and indeed for our water right across the United Kingdom.

[Emma Hardy]

With the leave of the House, I thank all hon. Members for their thoughtful and valuable contributions to today’s debate. Without stepping into the territory of a Second Reading debate, I suggest gently to the House that we are here today debating the Water (Special Measures) Bill precisely because of the public outrage caused by previous lack of investment, and the fact that every single river, lake and sea in our country has been polluted. Had the previous Government, as stated by the now official Opposition, done the marvellous, wonderful job that they seem to want to suggest they did, there would not be the need for this Bill in the first place—neither would there be the need for all the campaigns that have taken place up and down the country. However, I will go no further into that.

I have respect for the hon. Member for Epping Forest (Dr Hudson), as he knows. However, I say gently that it is dishonest to suggest that legislation is needed for the water restoration fund, because, in fact, the Conservatives created the fund without legislation. To imply that legislation is required to have the fund would, therefore, be inadvertently dishonest. It was created without legislation, and therefore it does not need legislation to be held.

[Dr Hudson]

I am slightly concerned that the Minister is raising questions about my honesty. The water restoration fund exists, but where is it now? What has happened to it? Are the Government going to use it again? That is why we wanted to push, at every stage of the Bill, the point that the water restoration fund needs to be used to ringfence money so that fines on water companies can be ploughed back into restoring local waterways. I will be very happy if the Minister says today that the water restoration fund is carrying on, and then my honesty will be intact.

Oral Answers to Questions

Neil Hudson Excerpts

Thursday 6th February 2025 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Dr Neil Hudson (Epping Forest) (Con)]

To have growth in agriculture we need healthy animals, and for that, farms need biosecurity. Crucial to that is the Animal and Plant Health Agency, which deserves our thanks in these challenging times. With the alarming recent foot and mouth outbreak in Germany, avian influenza again surging, bluetongue still with us and African swine fever at our doorstep, we must act urgently. Please can the Government release the further necessary £1.4 billion to redevelop the APHA headquarters in Weybridge? The programme was started under the Conservatives, with £1.2 billion committed in 2020. For the sake of agriculture, animal health, rural mental health, biosecurity and national security, please will the Minister act now?

[Daniel Zeichner]

The hon. Gentleman makes an important set of points about the biosecurity needed to protect our country. Over the past few weeks we have had a series of questions across the Dispatch Box about the foot and mouth outbreak in Germany and avian influenza. We have had this discussion about the investment in Weybridge, and I am delighted that this Government have brought forward a £280 million investment there. Of course, we need to do more in future, but what on earth were the previous Government doing over the past 14 years?

Draft Separation of Waste (England) Regulations 2025

Neil Hudson Excerpts

Wednesday 29th January 2025 General Committees

[Dr Neil Hudson (Epping Forest) (Con)]

It is a great privilege to serve under your chairship, Mrs Furniss, and to be sitting opposite the Minister again, as I have done on various issues. I thank her for bringing these important regulations to the Committee.

The principle of improving our recycling is one that I wholeheartedly support. I believe the Conservatives have a strong track record in this area; I thank the Minister for graciously acknowledging the importance of our landmark Environment Act 2021. Between 2010 and 2022, we reduced the amount of waste going to landfill by about 47% and cut the amount of biodegradable waste going to landfill by 46%. We also introduced a simpler recycling collection system to make it easier to recycle, saving people time and stopping confusion, to boost recycling rates. Additionally, our introduction of the single-use plastic bag charge in 2015 led to a remarkable drop in plastic bag usage, significantly reducing plastic waste.

I am pleased to see that the Labour Government have drawn on our previous consultations to shape this statutory instrument. In 2021, the Conservative Government conducted an initial consultation on consistency in household and business recycling, followed by an additional targeted consultation in 2023 that focused on exemptions to allow co-collection of recyclable waste streams. The process engaged English waste collection and disposal authorities, the Environment Agency and key stakeholders across the waste sector.

These regulations, set to take effect at the end of March this year, introduce mandatory waste separation for businesses and non-domestic premises. Businesses with fewer than 10 employees—microbusinesses—have been given an extended timeline until March 2027 to comply. Under the regulations, businesses will need to separate their waste into three key streams: dry recyclables such as glass, plastic, metal, paper and card, food waste and residual waste.

Recycling is important, and we must continually look at ways to increase it and make it easier for councils to carry out their waste management roles. However, I do have a couple of clarification questions for the Minister that I hope she may be able to address. First, can the Minister confirm what specific campaigns or initiatives will be launched to ensure that businesses and non-domestic premises are fully aware of the changes coming down the line? Secondly, what measures are being put in place and what reassurances are being put out there to help businesses—particularly small and microbusinesses—to comply with the regulations without facing financial burdens?

This is an important issue; I look forward to seeing how these regulations and this important recycling agenda progress in future.

Water (Special Measures) Bill [Lords]

Neil Hudson Excerpts

Report stage
Tuesday 28th January 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. We have many contributions to come and quite a tight deadline, so Back Benchers will be limited to four minutes. I call the shadow Minister.

[Dr Neil Hudson (Epping Forest) (Con)]

I appreciate the opportunity to discuss this vital issue of water quality once again. As His Majesty’s most loyal Opposition have maintained through the passage of the Bill, it is just an attempt to copy and paste some of the work done by the previous Conservative Government and the measures taken to identify the problem. We will not shy away from the fact that the Conservative Government were the first to identify the scale of the sewage problem and actually to start to address it. As my right hon. Friend the Member for Beverley and Holderness (Graham Stuart) just said, when Labour left office in 2010, only 7% of storm overflows were monitored. When we Conservatives left office last year, 100% were monitored and our landmark Environment Act 2021 paved the way to improving the quality of our precious waters.

However, we are under no illusions: there is always more that can be done, and we have always said that we will seek to work constructively to make the Bill as effective as possible. In that spirit, I thank the Minister for her willingness to discuss matters of the Bill with me and with colleagues across the House; the Minister in the other place, Baroness Hayman, showed an equal willingness to listen to suggestions from colleagues. I also thank members of the Bill Committee for their constructive approach and all the Bill team, Department for Environment, Food and Rural Affairs and parliamentary staff supporting this legislation and our scrutiny of it.

As a result of that dialogue, the Bill now includes welcome improvements in several areas, such as company requirements to produce implementation reports to outline how they envision their commitments on improving water quality happening, as well as consideration of nature-based solutions in licensing activities. However, in that same constructive spirit, the Opposition today ask the Government to go even further. We want the Government to back our new clause 16 mandating the water restoration fund, which had cross-party support in Committee. I thank the good folk of the Conservative Environment Network and Wildlife and Countryside Link for their support and campaigning on the new clause, as well as the Angling Trust for its discussions. I also thank the former MP for Ludlow and former Chair of the Environmental Audit Committee Philip Dunne for his assiduous efforts to see the fund introduced.

[Sir Desmond Swayne (New Forest West) (Con)]

These are very substantial sums. A water company in my region was fined £100 million the year before last. It is vital that these amounts go to our chalk streams, which are in desperate need of them.

[Dr Hudson]

I totally agree with my right hon. Friend. It is right that if water companies do the wrong thing, the money levied from them is ploughed back into improving the water and not back into Treasury coffers. The water restoration fund, since being introduced by the previous Conservative Government, provided £11 million for communities to repair their local waterways and restore them to the quality they should be.

[Graham Stuart]

To follow up the point made by our right hon. Friend the Member for New Forest West (Sir Desmond Swayne), that money will ultimately come from water bill payers. It will be ordinary families across the country who must contribute to the £100 million fines or whatever is imposed on our water companies. For that to be taken and then swallowed by the Treasury, rather than used to improve water, would be a disgrace. Does he not agree that the Government must accept new clause 16?

[Dr Hudson]

I thank my right hon. Friend for that intervention. I will come on to an amendment we have also tabled to ensure that if fines are levied on water companies, customers’ bills go down accordingly, so that taxpayers and bill payers are not penalised for water companies doing the wrong thing.

The Government have made ejections in this House and in the other place to the principle of ringfencing the funding and have stated the need for the Treasury to have flexibility on how it spends that money, but in this specific case, their argument still does not stack up. Where money comes from taxation, ringfencing is not always the most reliable way to ensure that the Treasury can have the spending power it needs to deliver that spending, but here we are talking about something very different. Fines are much more uncertain and provide less of a guarantee regarding the amount of money they will bring in. To rely on those funds for day-to-day Treasury spending does not make sense. Ringfencing those penalties for our water restoration fund is a sensible measure that enables Governments to guarantee they can meet a specific need. Water companies pay the fines for the damage they have done, and the local communities affected are empowered to have their local waterways restored.

It is worth repeating the finer detail of our amendment; it should not go ignored that this will also improve chalk streams. It was incredibly disappointing that over Christmas, the Government revealed that they had abandoned plans by the Conservatives to recover our chalk streams. Given that England is home to 80% of the world’s chalk streams, a failure to act on this issue neglects a vital duty to protect a key part of our environment. In light of this, we believe that the Government need to think again about rejecting our important amendment, which is a matter of principle, a matter of justice in righting wrongs, and a fundamental commitment to water quality.

When it comes to improving our waters, it is supporting those who are most affected when water companies fail to abide by their duties that are at the heart of the Opposition’s concerns —the British public, as individual consumers, bill payers and members of local communities. Customers must not pay the price for water companies’ failure to do their duties, whether financial, environmental or otherwise. As such, the Opposition have tabled new clause 19, which would require the DEFRA Secretary of State to provide that where a water company has faced financial penalties for failure to comply with the law, a financial amount equal to those penalties must be removed from the bills of that water company’s consumers.

This is very important, as a toxic cocktail of poor behaviour by water companies and rising bill prices has led to many people feeling that they are receiving poor value for money and not getting the quality water services that they deserve. A concomitant reduction in customer bills that people will see directly on their statements will be a real and tangible sign that poor behaviour is not going unchecked. The Government have previously rejected the proposal, but we urge them to think again about this simple yet effective amendment that would do so much to underpin all the work that is being done and protect bill payers.

I turn to some of our further amendments. Our concerns about the water industry and finances extend to what is in the Bill as it stands—in particular, the provisions for special administration orders in clauses 12 and 13, which the Opposition have raised in the other place and in Committee. Those clauses would give the Government the power to recover any losses they make through placing a company in special administration by raising consumer bills. My Conservative colleagues in the other place sounded the alarm on this issue, and I put on record again my thanks to them for doing so. If water companies require the Government to place them in special administration through their own failure, why should consumers foot the bill for failures they have had no influence on or responsibility for? That is particularly the case if a customer’s bills will rise as a result of mismanagement by a company whose services they do not even rely on.

This proposal runs contrary to the nature of all the action taken in recent years to improve water quality, whereby companies that are responsible for failing to get their affairs in order must take responsibility. We have all been starkly aware of concerns surrounding the financial resilience of Thames Water, and as many will know, Ofwat’s “Monitoring financial resilience” report in November identified 10 companies that needed an increased level of monitoring and/or engagement concerning financial resilience. We acknowledge that the Government believe that they expect to use special administration orders as a last resort and in limited circumstances. However, it is the Opposition’s firm belief that an injustice remains, with people having to pay for companies that they have no connection to. We have therefore tabled amendments 26 and 27, which would explicitly forbid the raising of prices for consumers who do not use the services of the water company that is in special administration. We believe this is a fair and reasonable compromise that the Government should accept, so that we can work to improve the water industry’s financial practices.

We have also tabled new clause 17, which would amend the Water Industry Act 1991 to insert new rules regarding limits on the amount of money that can be borrowed by a water company. Regrettably, the Government rejected this sensible measure in Committee, so we have tabled it again to ensure that water companies do not excessively borrow money, which is ultimately bad for bill payers. When we talk about financial resilience, the heart of the issue is concern about borrowing, and the resultant over-leveraging in the industry. We will be pushing that new clause to a Division. We will also be supporting the measures on nature recovery that we tabled in Committee.

We will be looking very closely at some of the amendments from the Liberal Democrats. New clause 2, which they tabled in Committee, would abolish Ofwat. At that stage, we pointed out that the new clause was not explicit about what it would transition to, so we do not believe that is a sensible way forward.

New clause 18 would grant the Government a power to create a unified scheme of charging arrangements for customers in need of support regardless of the specific supplier, and introduce a consultation for that purpose. Although the Opposition welcome looking at that, can the Government please ensure that others consumers do not face rising bills as a result? It will be interesting to see what the Government do with that.

--- Later in debate ---

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. Unfortunately, colleagues making interventions have eaten into time, so I now have to call the Front Benchers. I call the shadow Minister, Dr Neil Hudson.

[Dr Hudson]

It has been a wide-ranging debate, although shorter than we had hoped for. I thank Members for participating today. I thank my hon. Friend the Member for Beaconsfield (Joy Morrissey) for her passion for enhancing the accountability of water companies and protecting watersports, which we are all passionate about, and my hon. Friend the Member for Bridgwater (Sir Ashley Fox) for passionately advocating for the water restoration fund.

New clause 16 would establish the water restoration fund, to ringfence money from fines to restore local waterways, not to balance the Treasury’s books. This was a Conservative fund, and the Labour Government must not let ideology stand in the way of evidence-based policymaking. They must take the baton forward and ringfence this money, so that waterways can be restored locally.

[Pippa Heylings]

Will the hon. Member give way?

[Dr Hudson]

No, I have no time.

New clause 19 is designed to ensure that fines on water companies result in equivalent reductions in customers’ bills. That is only fair, and we urge the Government to take forward the new clause.

New clause 17 seeks to strengthen the financial resilience of water companies by enabling the Secretary of State to stipulate the limits of borrowing, so that these companies do not leverage too much debt. That is an important new clause that needs to go forward.

Through amendments 26 and 27, we want to protect customers in different parts of the country so that they do not have to pay for the misdemeanours of water companies that do not serve them. We urge the Government to take forward our amendments and make this Bill stronger, so that we can improve our precious waterways.

--- Later in debate ---

[Emma Hardy]

I am sorry, but I will have to stop taking interventions if I am to respond to all the amendments.

Water UK has published a centralised map on its website of discharge data from all storm overflows operated by English water companies. I genuinely found it clear and useful, so I encourage all hon. Members to have a look.

I have heard calls from across the House for reforming the planning frameworks, the regulators and the incentives that govern the water industry model. Although I understand and, believe me, fully share hon. Members’ frustrations with the performance across the water sector, the fundamental issues facing the water industry and the regulatory framework in which it operates can no longer be addressed in a piecemeal way. I have spoken at great length throughout the Bill’s passage about the independent commission led by Sir Jon Cunliffe, which will make recommendations to fundamentally transform how our water system works.

The broad-ranging commission is bringing together a wide range of expertise to make recommendations in line with eight objectives to deliver the necessary reset to ensure a resilient, innovative and sustainable water sector in England and Wales. It will report to the Government by summer 2025. This includes specific objectives to review the roles, structures, duties and powers of the regulators, the planning frameworks—including the price review process—and the resilience of water companies. That includes financial resilience, which I know matters to many hon. Members.

Points have been raised about taking water companies into public ownership, and the Government have repeatedly made it clear that we do not consider nationalisation to be within the commission’s scope. Nationalisation would cost over £90 billion, and it would take years to unpick the current ownership model, at the expense of delivering and addressing more immediate public priorities. However, the commission will consider alternative water industry models within its scope. I take this opportunity to invite all hon. Members to put forward their views to the commission through the upcoming call for evidence, which will be launching soon.

[Dr Hudson]

I am grateful to the Minister for giving way. I suspect that the Government do not agree with our water restoration fund, but if the Cunliffe review says that the water restoration fund should be reinstated, will the Minister commit to doing so?

[Emma Hardy]

Despite our political differences, the hon. Gentleman and I had a very interesting and—what is the right word?—comradely debate in Committee.

As we explained in Committee, conversations on the water restoration fund are still ongoing. I honestly do not believe that primary legislation is needed, which Conservative Front Benchers know, as they established the fund without primary legislation. I gently point out, as I have already mentioned, that within the 18 months of its establishment under the previous Government, the fund did absolutely nothing.

Water (Special Measures) Bill [ Lords ] (Fifth sitting)

Neil Hudson Excerpts

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Charlie Maynard]

I completely agree with the hon. Member. Using West Oxfordshire as an example again, we have installed Grampian conditions, which I encourage other Members to look into, where we have said, “You may not occupy this house.” We could not stop the houses being built by arguing that there was insufficient capacity, but we could put a Grampian condition in force that says, “Those houses may not be occupied. Any buyer knows this, so they will not buy them.” It is flagged to any buyer so that they do not buy a house they cannot occupy, which will continue until the capacity has been added. That puts some heat underneath the water companies to get on and increase their sewage treatment works capacity. I really encourage the Government to look into those. We have vast amounts of housing that will be built, and under the current law, they will be steamrolled through and the capacities will not keep up. That is a real problem for everybody, and it puts more pressure on our rivers.

[Dr Neil Hudson (Epping Forest) (Con)]

I am grateful to the hon. Member for giving way, and I have a lot of respect for the new clauses that he has tabled to put pressure on water companies to provide more information at critical stages. The Opposition have tabled amendments requiring water companies to publish data on their websites to enable citizen science, so I respect what he is saying. I guess some of the issue is in the detail of the wording of the new clause. I am sure we are all in agreement about water companies providing information, but proposed new section 37(1A) says that we want them to be “full and accurate” and “honest”. I guess the devil is in the detail. How will that be judged? If this new clause were to come into play, how will people judge that? Is an “honest assessment” whether something is not false, or whether something is complete or incomplete? There is an element of challenge that could be put in. I understand the sentiment, but the devil is in the detail of the wording as to how this could actually work.

[Charlie Maynard]

I thank the hon. Member for his kind words, and I look forward to his support in some of the votes at some point. In the meantime, if he has recommendations on the wording that he would like to put forward, I ask that he please do so. These new clauses are already in place, so maybe that is impossible, but let us by all means try to improve them.

--- Later in debate ---

[Charlie Maynard]

We will not press this new clause to a vote. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Dr Hudson]

It is a great pleasure to again serve under your chairship today, Dr Huq. May I first, on behalf of the Opposition and, I hope, colleagues from across the Committee, give a vote of thanks to everyone involved in this process? I have a list here, and please shout out if I miss anyone out.

First, I thank the Chairs—Dr Huq and Mr Vickers—for guiding us through the process. I thank all the Bill Committee staff—the Clerks and officials—for their assiduous, thorough work, which keeps us on message as Members of Parliament scrutinising this legislation. We thank them for that. Dr Huq, thank you—I will use the word “you” for you. I thank the DEFRA officials for all their hard work on this and for engaging with the Opposition as well. I very much appreciate the Minister allowing the officials to do that.

I thank the Doorkeepers and Hansard. I do not think I have missed anyone in the room except the public. This gives me the chance to thank the members of the public who have come in and watched our proceedings, as well as people who have watched online from afar. There are also, as the Minister said, the stakeholders: the environmental groups, the volunteers and the experts who have fed into this Bill and the water debate that we are having and who are helping legislators across the House to improve and refine legislation. We thank the public very much as well.

We have had a very interesting few days. It has shown us that there is a lot of cross-party consensus on what we are trying to do to improve our water quality. There is some disagreement about how best we do that, but this Committee has shown the House that, actually, there is a lot of agreement about the scale of the problem and the fact that we need to address it.

I respectfully say that I am disappointed with the comments from the third-party spokesperson, the hon. Member for Westmorland and Lonsdale, about the Bill Committee stage being a charade. I do not think that line-by-line scrutiny of Bills is a charade. Yes, there is a process as to how Committees are populated, but that is democracy. I would have thought that that particular party, given its title, would respect election results. That is how democracy works. We have seen that they have had some disagreement among themselves about some of their votes as well, but I will leave that point there.

We have had some interesting discussions, and it would be remiss of me not to talk about teeth. We have had dental analogies aplenty: we are wanting to give more teeth to the various regulators. Finally, I think I did detect—we will have to check Hansard—the Minister using the word “Ofwet”. When this matter goes to the commission, “Ofwet” might be an interesting term for a new body that might be set up, but I will leave that with the Minister.

[Tim Farron]

Thank you, Dr Huq, and Mr Vickers, in his absence, for brilliantly chairing our five Committee sittings. I will not list everyone that the hon. Member for Epping Forest just did, but I endorse what he said. I thank the Clerks, the DEFRA officials, the Minister’s team and colleagues on both sides of the House for their courtesy and the seriousness with which they have engaged with the Opposition, the members of the public who attended the Committee in person and those who have followed it from afar.

There is no doubt that the voluntary sector and the public have been ahead of politicians on this issue for many years. I would argue that the UK leaving the European Union was a key moment, because we had to go back and look under the bonnet to see what was already accepted and already permitted. We could argue about whether the previous Government gave us regulations and standards that were as good as what we had before we left the European Union. That might be an additional issue, but none the less, the likes of Surfers Against Sewage, Windrush Against Sewage Pollution, Save Windermere, the Clean River Kent Campaign and so many others in all our communities have led the debate on this and created great scrutiny. That is why we strongly approve of a significant part of the Government’s ethos in the Bill, which is to put an awful lot of power in the hands of those who care so much in our communities.

I do not mean to offend people by referring to this as a charade, but the reality is that we spent five years in Government, and I am pretty confident that the Government that I was part of never allowed a single Opposition amendment to pass in Committee. There is a little bit of pretence in this. All the same, it is an enjoyable pretence. Having gone through the Bill line by line, we all understand it better, which means that, on Report, a dozen and a half of us can speak about this Bill in the Commons with a greater awareness than beforehand.

We support the Bill. If anybody was to call a Division on it, we would go into the Aye Lobby. Our frustration is that we feel that the Government have missed an opportunity. Their answer is obviously, “Here comes the Cunliffe review, and we will see what happens next.” Are we going to get an undertaking that there will be another Bill in the next King’s Speech? If there is, that is exciting and interesting, and that could answer many of our concerns.

The Bill could have been much clearer about limiting bonuses and about recognising that a fundamental problem with the water industry is the fragmentation and the weakness of regulation. It could have recognised that the financials are clearly all wrong, unfair and wasteful. We are looking at duration, but not volume, content or impact, and we are not supporting the citizens behind the citizen science enough by giving them the information, the resource and the place on the water company boards that they need. There are many areas where we think the Bill could be so much better, and where we do not need to wait for Sir Jon to do those things.

Having said that, what is wrong with this Bill is what is not in it, not what is in it. We are therefore happy to support it and are very grateful for the constructive nature of the debate throughout.

Draft Free-Range Egg Marketing Standards (Amendment) (England) Regulations 2024

Neil Hudson Excerpts

Wednesday 15th January 2025 General Committees

[Dr Neil Hudson (Epping Forest) (Con)]

It is a pleasure to serve under your chairship, Mrs Harris. I thank the Minister for bringing the draft regulations to the Committee. I am pleased to say that we, His Majesty’s most loyal Opposition, are supportive of the statutory instrument and offer no objections. The initial consultation conducted by the previous Conservative Government in January 2024 demonstrated strong support for the proposals, leading to this statutory instrument.

Current marketing standards allow hens to be housed for 16 weeks before their eggs are required to be re-labelled as barn eggs. Recent avian influenza outbreaks have once again necessitated the introduction of mandatory housing measures for free-range poultry in certain areas, which can sometimes exceed the 16-week limit. Consequently, producers adhering to these essential measures have been penalised through the loss of their free-range status.

In the previous Parliament I served on the Environment, Food and Rural Affairs Committee, and we looked into this issue extremely closely and fed our work in to the Government. I am pleased that the previous Government responded positively, and that the new Government have picked up the baton. The changes in the statutory instrument will remove the 16-week derogation period, thereby protecting producers who are doing the right thing by responsibly housing their birds under the chief veterinary officer’s instructions during the imposition of avian influenza controls. I should declare an interest: I am a veterinary surgeon so I have a strong personal and professional interest in this subject.

The changes are made in the knowledge that once the restrictions are lifted, the birds will be back out and free-range. Furthermore, they will ensure that English free-range producers maintain parity with the EU, where the 16-week time limit was removed from egg marketing standards legislation in 2023, as the Minister articulated. This will create a level playing field for our producers and reduce the likelihood of English free-range eggs being substituted with imported eggs.

Although we support the statutory instrument, I do have some questions for the Minister. Before I ask them, I put on the record my thoughts and sympathy for farmers and bird keepers who have been affected by avian influenza outbreaks. The virus is still with us and there are still outbreaks. I also pay tribute to everyone at the Animal and Plant Health Agency. Vets, officials and scientists are working hard on the situation, as they are working on many different disease situations. Avian influenza is with us, bluetongue is still bubbling away, and we now have the real concern of foot and mouth disease having been confirmed in our near neighbour Germany.

As a veterinary surgeon, I am all too aware of the devastating impacts that animal disease outbreaks can have. Avian influenza outbreaks obviously affect not only reared domestic birds but wild birds, but there are also significant human impacts, not least on the mental health of those in the frontline. Given the ongoing avian influenza situation, will the Minister outline the additional measures the Government are taking on avian influenza to preserve our nation’s biosecurity? What is the current policy and status in terms of vaccine development and deployment?

In addition, will the Minister clarify what steps are being taken to co-ordinate the changes with Welsh authorities? We know they are introducing changes, but we must make sure that we have a consistent approach across the UK. We strongly support these crucial measures and I am grateful that the regulations have been brought to the Committee today.

Foot and Mouth Disease

Neil Hudson Excerpts

Wednesday 15th January 2025 Commons Chamber

[Dr Neil Hudson (Epping Forest) (Con)]

(Urgent Question): To ask the Secretary of State for Environment, Food and Rural Affairs if he will make a statement on the Government’s emergency contingency response to the recent confirmation of foot and mouth disease in Germany?

[The Minister for Food Security and Rural Affairs (Daniel Zeichner)]

The whole House will be aware of the concern across rural communities about the potential threat of foot and mouth disease. It is a severe, highly contagious viral disease of livestock that can have a significant economic impact, and a truly devastating effect on farming and rural communities when outbreaks occur, as we know from history.

I assure the House that the UK is currently free of foot and mouth disease, and has been since 2007. But following confirmation on 10 January, foot and mouth disease in the German state of Brandenburg, the Department for Environment, Food and Rural Affairs has taken rapid action to protect the UK, including suspending the commercial import of susceptible animals from Germany and restricting personal imports of animal products from across the European Union.

I assure the House that the Government will do whatever it takes to protect our nation’s farmers from the risk posed by foot and mouth. We have increased risk levels in the UK to medium. Last night, the chief veterinary officer and I spoke directly with the German Federal Minister and his officials. The Government have taken decisive and immediate action. The import of cattle, pigs and sheep from Germany has been stopped to protect farmers and their livelihoods. We will not hesitate to add additional countries to the list if the disease spreads. I can inform the House that this morning the chief veterinary officer has confirmed that while Germany’s surveillance continues to be ongoing, it has not as yet detected any further cases.

Foot and mouth disease guidance is available on gov.uk and livestock farmers are urged to be extra-vigilant and report any suspect disease to the Animal and Plant Health Agency immediately. The UK chief veterinary officer is also urging livestock keepers to remain vigilant to the clinical signs of FMD. I reiterate that there are no cases in the UK currently. I also reassure the House that FMD poses no risk to human or food safety but it is a highly contagious viral disease in cattle, sheep, pigs and other cloven-hoofed animals. Livestock keepers should therefore be absolutely rigorous about their biosecurity.

The Government are absolutely focused on responding to the animal disease threats we face, protecting animal health and welfare. Upholding high biosecurity standards is paramount for protecting and promoting food production and food safety, both animal and human, and supporting our economy and trade. That is why we have invested a further £200 million in the UK’s main research laboratory testing facilities at Weybridge to bolster protection against animal disease.

While we stand ready to protect our livestock from the threat of foot and mouth and other exotic diseases, we also offer our support to our European neighbours as they face this threat to their livestock, farming and rural communities. I can assure the House that the Government will be decisive and take the necessary action to protect our farmers from foot and mouth disease.

[Dr Hudson]

Thank you for granting this urgent question, Mr Speaker. I declare a strong personal and professional interest. As a veterinary surgeon I supervised some of the animal culls in the 2001 outbreak, witnessing sights I never want to see again.

The confirmation on 10 January of foot and mouth disease in Germany, with subsequent slaughter and movement restrictions, is sending shockwaves around Europe and the UK. We have requested this urgent question as no statement was provided to the House on Monday or Tuesday. The shadow DEFRA Secretary, my right hon. Friend the Member for Louth and Horncastle (Victoria Atkins), is unable to be with us today as she is at the LAMMA show in Birmingham speaking to agricultural manufacturers and farmers.

In 2001, the foot and mouth outbreak resulted in more than 6 million animals being culled and cost £12.8 billion in today’s prices. It devastated the farming community, and farmers want reassurance that action is been taken to protect our borders, their livestock and their livelihoods.

The mental health impacts of foot and mouth cannot be overstated. Can the Minister reassure us that the announced movement restrictions are fully in place for animals and products coming to the UK from the affected area? Will the Government think about extending the ban to personal imports of meat and milk products unless accompanied by veterinary documentation? Can the Minister update us on the work tracing possible movements of products from Germany? What advice is there about movements of people and vehicles from the area in terms of fomite transmission of the virus? And, heaven forbid, if foot and mouth ever enters the United Kingdom, what is the situation regarding vaccine supply and potential deployment?

Finally, I pay tribute to the chief vets and the veterinary and animal officers and scientists and officials at the Animal and Plant Health Agency, who do so much to keep our country biosecure. This foot and mouth disease wake-up call is yet more evidence that the Government must now commit to fully fund the redevelopment of the APHA HQ in Weybridge. I urge the Government from the bottom of my heart to fully fund that redevelopment, to make sure that the burning pyres of slaughtered animals, as well as the economic and mental health devastation of foot and mouth disease, remain resolutely confined to the history books.

[Daniel Zeichner]

I fully appreciate the expertise and passion the hon. Gentleman brings to this subject; he knows of what he speaks. I hope I made it clear in my initial reply just how seriously the Government take these issues. I spoke to him earlier this morning ahead of a Delegated Legislation Committee to make it clear that we would work on a cross-party basis to tackle this, should it come to our shores.

I will try to address the hon. Member’s questions, particularly those around vaccination, because that is always raised and is always of concern.

We are absolutely ready in case that is a control that we need to implement. According to the general advice with regard to control measures, if an outbreak were to occur in the UK, vaccination is a control option that would be considered by DEFRA and devolved Administrations at the outset, in addition to culling and immediate movement controls. I can assure the shadow Minister that the UK vaccine bank holds vaccines for a range of foot and mouth disease serotypes. I can also assure him that there is good, close working with the devolved Administrations on this matter and that we are working in harmony.

On the movement of personally carried goods, I remind the shadow Minister that this Government strengthened those controls at the borders. I am confident that we are doing everything possible at the moment to ensure that we are following the right procedures, given the risk assessments that have been carried out. Our sincere hope is obviously that this does not extend beyond the Brandenburg area, but we are absolutely ready to deal with those issues.

On the investment at Weybridge, as I have said, we have committed an initial £200 million. This is a debate we have been having for some time, and I am afraid that we are working with the resources we have now. However, I am confident that we have a very good set of procedures in place to tackle any potential incursion.

Water (Special Measures) Bill [ Lords ] (Fourth sitting)

Neil Hudson Excerpts

Committee stage
Tuesday 14th January 2025 Public Bill Committees

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

I thank the hon. Member for Epping Forest for tabling new clause 3, which would require a water company to reduce customer bills by an equivalent amount to the total monetary penalties paid in the previous year by that company. I will start by clarifying that we expect the cost of the penalties to be borne by the companies, not by the customers. However, I would also like to reassure the hon. Member that there are existing procedures in place to ensure that customers are reimbursed for a water company’s poor performance.

As the independent economic regulator of the water industry, Ofwat is best placed to ensure that customers are reimbursed appropriately if water companies perform poorly. Ofwat already sets specific performance targets for water companies in the five-yearly price review. Those performance commitments hold water companies to account for the outcomes that customers pay for. Where they are not met, companies must reimburse customers through lower water bills in the next financial year.

Those performance targets take a holistic view of water company performance and consider wider factors beyond companies receiving penalties. Performance targets include customer-facing commitments, such as water supply interruptions; environmental commitments, such as pollution incidents, storm overflows and bathing water quality; and commitments related to asset health, such as repairs to burst mains. As a result of underperformance in the last financial year, Ofwat is currently requiring 13 companies to return £157 million to customers.

The hon. Member’s new clause is therefore not appropriate for this Bill, given that it would overlap with existing procedures. However, there is simply not enough improvement in performance across the water industry. That is why we have launched the independent commission, which will look at issues, including performance, and make recommendations on how to transform the water sector.

I hope that the hon. Member for Epping Forest is reassured about how customers will be reimbursed for poor performance, and about the steps that we are taking to improve performance. On that basis, I ask him to withdraw his new clause.

[Dr Neil Hudson (Epping Forest) (Con)]

I thank the Minister for her comments. I am afraid that I am not fully reassured, and we would like to see provision in the Bill for any fines imposed on water companies to have a concomitant effect—a direct effect—on customer bills. This well-intended measure has been tabled to create a link between the two, so although I hear the Minister’s comments, we would still like to press new clause 3 to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Dr Hudson]

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

New clause 4 amends the Water Industry Act 1991 to insert new rules regarding the limits to the amount of money that can be borrowed by a water company, which the Secretary of State for the Department for Environment, Food and Rural Affairs would be able to enact by means of statutory instrument. Although we have discussed statutory instruments in Committee, the Opposition hope that the Government will recognise that this proposed statutory instrument power needs to be made.

New clause 4 ensures that water companies are not excessively borrowing money, as that is ultimately bad for bill payers. At the heart of our concern about financial resilience is the borrowing in the industry and the over-leveraging because of that borrowing. It is clear that there is a direct link between financial resilience, problems connected to borrowing and the very survivability of the water firms. That should be of huge concern to all of us.

Consumers are concerned that the provision of their water is at risk, and we as legislators must work out how to deal with the issues, including the financial implications, relating to the risk of nationalising the water companies that have no other way of providing services. That can reverberate back to the consumers again, who may face increased costs because of the financial support that the Government have to provide to keep water companies afloat. In other words, tackling the choices that water companies may have made, and will make in the future, including borrowing choices, is an issue that we are required to correct for the very future of our water industry.

I reiterate my profound respect for the way that both the Minister and Baroness Hayman have conducted themselves in this debate. I note that Baroness Hayman expressed concern in the other place that putting a fixed percentage limit on borrowing could be a risk to investment at a crucial time for financial resilience and investment in the water industry. That is why my Conservative colleague, Lord Roborough, revised his amendment on that in the other place to give the Secretary of State the power to set limits by means of a statutory instrument. I pay tribute to my colleague and friend Lord Roborough for working so hard to raise the issue of financial resilience in the other place through this amendment.

We are not saying that a hard limit has to be set on borrowing levels, but merely giving the Secretary of State the option to do so if they feel it necessary to protect consumers from the negative effects of the water industry. I come back to the point I made in previous sittings: giving the powers to the Secretary of State, a democratically elected Minister in His Majesty’s Government, through statutory instrument, improves democracy and accountability for the water companies. I do not think the Labour Government need to shy away from this constructive amendment, which gives the Secretary of State the ability to hold the water companies to account, as we all want to do.

If the Minister does not see the need for the amendment —I am not pre-empting her, but I imagine that is how her response will go—can she clarify how much borrowing the Government consider acceptable for a water company, and what they will do to reduce the impact on the consumer of excessive borrowing and spending? The new clause also limits the amount of dividends that can be paid out to shareholders if the water company has exceeded the borrowing limit. Should a limit be set, it would therefore make water companies fairer in their practices to bill payers, as when a company borrows it will have less of an impact on consumer bills.

While in government, the Conservatives gave Ofwat the powers to link performance to payouts to shareholders and water company management. New clause 4 further aims to protect consumers from companies that are failing to prioritise their customers. Considering those points, the Opposition believe that the Government could move a bit on this, and enact democratic accountability with the statutory instrument. We hope that they will look on new clause 4 favourably.

[Emma Hardy]

I thank the hon. Member for Epping Forest for tabling the new clause, which would implement a limit on borrowing by water companies. I note that Baroness Hayman had multiple discussions with Lord Roborough on the similar amendment that he put forward in the House of Lords, and that Lord Roborough was satisfied with our reasoning for not introducing restrictions on borrowing in the Bill.

Debt has been rising in companies since privatisation, and it of course accelerated under the previous Administration. In some instances, levels of debt have reached a point at which the financial resilience of companies could be threatened. We have been clear that Ofwat must continue to have a strong focus on company financial resilience to secure efficient long-term investment and deliver long-term value for money for customers and the environment.

I assure the Committee that Ofwat is already taking steps to closely monitor debt levels as part of its annual monitoring financial resilience report, and it will take action where the financial resilience of a company is threatened. Ofwat published its final determinations for the 2024 price review in December, which included a confirmed £104 billion upgrade for the water sector. Investment in the water sector is financed up front by investors, and repaid by customers over time to smooth the impact on bills. Borrowing is therefore a key part of the process.

--- Later in debate ---

[Dr Hudson]

I thank the Minister for the constructive tone with which she has engaged in this whole debate, but I think we are going round in circles. We are trying to hold the water companies to account, and the Government are saying, “It is okay, Ofwat can do that,” but we have heard contributions saying that Ofwat is not using its powers and we need to give it more powers.

All we are doing, with this new clause, is putting in place the principle that the Secretary of State has the capability to oversee that. If the Secretary of State and the Government felt that Ofwat was doing what the legislation intended, they would not need to activate the new clause’s provisions. If, however, they did not feel that Ofwat was doing that, the new clause would give them that particular power. We are again talking about—I know the Government Back Benchers are going to wince—teeth. In this case, regarding Ofwat’s and the Environment Agency’s capabilities, we are saying to the democratically elected Government of the day that there is an extra tooth to hold over Ofwat, and that if Ofwat is not doing its job then the Government can, potentially, step in.

I take on board the comments about the commission but, to echo some of the comments of the hon. Member for Witney about being impatient for change, if this issue is going to the commission, and the can is being kicked down the track, that is disappointing. With this new clause, we are trying, constructively, to give the Government and the Secretary of State of the day the capability to act if they feel that the processes set up under the previous Administration and the new Administration are not working well. I urge the Minister to think again on this matter, and we will press the clause to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Dr Hudson]

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

New clause 6 is a fair and reasonable request to strengthen the Bill. Quite simply, it would do what it says on the tin by requiring the Government to report on the impact that they expect the Bill to have on water pollution and on the actual and verifiable effects that the Bill, when it becomes an Act, will have on our water quality.

It is completely agreed that accountability for addressing the quality of our water system should be at the heart of how we tackle water pollution and related issues. That should be true of every actor involved: not just the water companies, but the Government whose regulation they are expected to abide by. We cannot rightly say on the one hand that water companies should be expected to meet criteria to restore public trust, while suggesting on the other hand that the Government should not likewise work to be accountable and to uphold public trust on the issue.

Furthermore, the new clause feeds into the basic fact that ensuring that our water systems are being improved is not a one-time event that can be magically resolved with a single piece of legislation every now and then. It must be a consistent focus for the Department for Environment, Food and Rural Affairs and for all the agencies under whose remit the issue falls.

The work of agencies such as the Environment Agency is vital. I pay tribute to its hard work, not least when flooding hits, as we have discussed. We should not underestimate those on the frontline who do so much to keep people safe, to make sure that the environment is protected and to ensure that the quality of people’s water is safe and suitable.

To improve our water systems, however, the buck must stop not with the EA, but higher up: with DEFRA and the Government. The new clause would help to provide that accountability. As in our earlier discussions regarding the online publication of implementation reports, if the measures set out in the Government’s approach do not meet their targets, for legitimate reasons, the Government would have a chance to lay out exactly why not and to give a justification for their findings on the Act’s impact. Our new clause would provide a natural mechanism to ensure that long-term planning and reviews of the Act are taking place and that the Government are looking at water pollution and the actions that the water industry has taken or needs to take to further improve the situation.

We should not shy away from the fact that the new clause would build on the previous Government’s efforts to look at that point. Our plan for water set out a 25-year plan to ensure that our water companies were investing in our water system for the long term, not just while the issue was in the headlines. Again, that is why our new clause matters: because it would ensure the continued focus of Governments of all parties on the protection of our waters. That matters all the time, not just when it becomes a political or media issue.

We must also consider the evolving factors that affect the water industry and its ability to reduce water pollution. The flooding that we have seen in the past weeks has highlighted once again that our country is facing more regular extreme flooding events. In simple terms, more flooding means more excess groundwater and surface water that can enter the network, which creates more of a risk that sewerage overflows will be required to maintain our water systems.

With such events becoming more unpredictable in their timing and yet more commonplace because of extreme weather events and the effects of climate change, looking at the evolution of issues such as this will be crucial to ensuring that any measures to improve overflows and water quality are successful in the long term. We need to make decisions now that have an impact in the future, because in the long term we all want water quality to improve and to be protected for future generations. To achieve that, we need long-term and consistent attention and reflection on the policies being enacted and their effects. The new clause would help to facilitate that.

Once again, transparency is not a hindrance; it helps everybody involved in managing the quality of our water system. Trust can be maintained only if everyone tries to do what is right and the Government, of whichever political party, are no exception. We need to be trying to do the right thing. Given that, His Majesty’s Opposition believe the new clause to be a highly reasonable and fair amendment to the Bill, and we hope that the Minister might support it.

[Emma Hardy]

I will quickly note the constructive and nice way in which the hon. Member for Epping Forest is taking part in these debates. I also want to come up with more dentistry analogies, so I will be thinking of those as we keep going.

The Bill will drive meaningful improvements in the performance and culture of the water industry. In line with that, it will introduce many measures to disincentivise pollution. For example, it will provide Ofwat with legal powers to ban bonuses where companies fail to meet standards on environmental performance, financial resilience, customer outcomes or criminal liability. The Bill will also enable automatic and severe fines, allowing regulators to take swift action. It will enable the public to hold companies to account through a new requirement for water companies to produce annual reports on pollution incident reduction. Collectively, these measures will strengthen enforcement, improve transparency and disincentivise water company pollution.

The Committee and the wider public are able to see a more detailed assessment of the expected impact of the Bill via the published impact assessment. I reassure the Committee that my Department is committed to post-legislative scrutiny of primary legislation. The Department for Environment, Food and Rural Affairs will work with the cross-party Select Committee on Environment, Food and Rural Affairs to assess the impacts of the Act three to five years after Royal Assent as part of the standard practice for all new legislation. I welcome that scrutiny.

The Government therefore cannot accept new clause 6. Although we agree on the importance of understanding the impact of the Bill on environmental pollution, adding further reporting requirements to the Bill would be duplicative and unnecessary.

[Dr Hudson]

I thank the Minister for her constructive response, but the Opposition still feel that this is an important new clause in relation to the impact on water pollution, so we would like to proceed again to a formal vote.

[The Chair]

It is votes à gogo this afternoon.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Dr Hudson]

As we have gone through the Bill, there has been a lot of cross-party consensus on trying to get measures in place. I respect the efforts of the hon. Member for Westmorland and Lonsdale and the third party in trying to improve the situation, not least in such matters as nature-based solutions. From the official Opposition’s perspective, however, the hon. Member’s new clause 7 is perhaps an overly eager response. Throwing out Ofwat completely at this juncture when we want it to do its regulatory job would create more problems than he wants, whatever the intention of the new clause.

I know that the Liberal Democrats have argued that steps should be taken to set up a new regulator in some way. New clause 7 does not really introduce a specific requirement or measures to enable a transition from Ofwat to the purported new regulator. If we were to proceed with the new clause, we would simply be left in limbo and in the lurch with regard to regulation of the industry. It is not that we believe that the situation is perfect: we have debated the powers of the Environment Agency and Ofwat, and we have agreed that things are not perfect with the water industry and regulators. We have all heard at first hand about issues that we are not happy with, such as executives moving into higher-paid roles within water regulators, of which we heard evidence in the EFRA Committee in the last Parliament.

The hon. Member for Westmorland and Lonsdale generously shouted out the people who work in Ofwat and the Environment Agency, but although he will not push new clause 7 to a vote, he still talks about abolishing Ofwat. In doing that, we would be left with a vacuum while a new regulator was set up—something we can ill afford when we all agree that there is so much work to be done. A new regulator could not be established overnight; it could take months or even years while structures were being established, the personnel needed to do its everyday work were appointed and the like. Let us be honest that making such a move would not come without financial cost.

Even if that money could be raised through Government resources—ultimately, that means taxpayers’ money—we would be using it to establish a completely new infrastructure for the water regulator, rather than trying to enhance and give more power to the regulator we already have. In addition, we have to remember that its role as a regulator affects consumer bills, too. While none of us wants to see water bills rise for any of our constituents, particularly in difficult economic times, bills would have only been higher if a regulator had not been there at all. If we are left with a vacuum until a replacement mechanism is put in place, and if that takes a lot of time, do we really want to run the risk of unregulated companies raising prices even further in the meantime?

We are in agreement that the status quo has not been good enough when it comes to water companies, but progress has been made and continues to be made in that seismic task. Water companies are starting to face the financial penalties for their failures to both people and our precious environment. For example, back in November, Wessex Water was ordered to pay £500,000 for the loss of thousands of fish because of a sewage pumping failure. That very same month, Thames Water was fined over £18 million for its failure to obey rules introduced on the spending of dividends. Those incidents are not good news stories, and we should never say that they are, but they are signs that the mechanism is working. Ofwat is holding the companies to account and trying to act—it is trying to use the teeth that are there.

There are early signs that giving the regulator those teeth—which we have heard a lot about in this Committee —means that there are clear consequences for the water companies that break the rules that have been implemented. That is not the end of the story, but it is the start of the journey, as we try to hold those water companies to account. As I have also mentioned, the pathway for inspections into water company activity is increasing. It is the whole approach—from incident, to investigation, to penalty—that needs to be examined and reviewed in order to drive change, and that is what has been done and what this legislation is trying to take forward.

Although things are not perfect, we need to allow the existing legislation, as well as this new legislation, to take effect so that the regulator can get on and do its job. We should not put things in jeopardy by completely abolishing things. I note that the Liberal Democrats have tabled this new clause, and they are not pushing it to a vote, but I want to put on record the Opposition’s reservations about what they are suggesting.

[Emma Hardy]

I thank the hon. Member for Westmorland and Lonsdale once again for his thorough consideration of the Bill. I will turn first to new clause 7, which was tabled in his name and which proposes the abolition of Ofwat. As the hon. Member will be aware, and as he already mentioned in October ’24, the UK and Welsh Governments launched the independent commission to fundamentally transform how our water system works. The commission, led by Sir Jon Cunliffe, will be broad-ranging and will make recommendations in line with eight objectives, which include specific objectives considering the role, structures, responsibilities and powers of the regulator.

It is right that the commission, rather than this Water (Special Measures) Bill, is the vehicle for considering the water regulator’s roles and responsibilities. This Bill focuses on strengthening the powers of the regulators to drive improvements in performance. The Bill will not, and cannot, fix all the sector’s problems. The commission is the right place to consider the long-term future of the regulatory system and the role of the regulator. Indeed, I would argue that the Labour Government want to move away from sticking-plaster politics to fundamentally reset and transform the problems facing our country for good. I hope therefore that the hon. Member for Westmorland and Lonsdale is content that this new clause is unnecessary.

New clause 20 was also tabled by the hon. Member for Westmorland and Lonsdale. It sets out requirements for a water review that is undertaken by the Secretary of State. I think we are all agreed that we have seen years of water company underperformance, and we all agree that there is a clear need to fundamentally reset the water sector. Although I understand that the hon. Member is seeking to ensure that any review of the water sector is sufficiently thorough, the Government are confident that the commission’s scope is broad and comprehensive. Sir Jon will be supported by a range of experts from the regulatory, environment, health, engineering, customer, investor and economic sectors to effectively examine this sector as a whole, including the regulatory framework.

By setting out considerations for a water review in primary legislation, we risk prejudicing or pre-empting the outcome of the current commission, as well as its independence. The sector is facing complex challenges that require the support of customers, environment groups, investors and companies alike to address. An independent review is best placed to find solutions to those challenges, and it is critical that its independence is preserved. The commission will report its findings in summer 2025, and the Government will consider them in full before outlining the next steps. I therefore hope that the hon. Member for Westmorland and Lonsdale understands that to avoid duplication and, importantly, maintain the independence of the commission, the Government will not accept the new clause.