Criminal Justice Bill

Philip Dunne Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

[Laura Farris]

Yes, I did mean that.

The final amendments that I will speak to are new clauses 91 and 92, relating to a new criminal sanction on water companies.

[Philip Dunne (Ludlow) (Con)]

Everyone in this House wants to ensure that our water regulators have at their disposal all the tools they need to get on top of the sewage discharge issue, but as the Minister sums up, could she explain to the House whether Ofwat already has the powers being sought in the amendments tabled by the hon. Member for Westmorland and Lonsdale (Tim Farron)? If the same powers were given to the Environment Agency, that would be more likely to lead to confusion and a lack of clarity about which agency is taking the lead on such prosecutions, which might lead to prosecutions falling through the cracks.

[Laura Farris]

My right hon. Friend is quite correct: that is the basis on which the Government cannot accept the amendments. Of course, everybody agrees that water companies should be punished as robustly as possible, but it is also the case that we have pre-existing offences that apply. Pollution incidents are already the subject of criminal sanctions available to the Environment Agency under the Environmental Permitting (England and Wales) Regulations 2016, and there is a serious risk of duplication, not least because—I hope the hon. Member for Westmorland and Lonsdale (Tim Farron) will not mind my saying this—the sanctions he has included in his amendments are just more fines, and we already have a fines regime.

Let me set out very briefly the basis on which, in a principled way, we are saying no to the amendments. As the environment regulator, the Environment Agency can and does prosecute company directors and other senior officers under the relevant regulations. It has a power to fine, and there can be convictions for polluting rivers and coastal waters, where it can be proved that the offence has been committed. Expanding criminal liability would simply create a repetition of the existing powers. It is the Government’s view that the amendments would create a dangerous and unacceptable risk of double jeopardy across the two regulatory regimes that are administered by Ofwat and the Environment Agency.

The amendments would simply duplicate the existing sanctions, as my right hon. Friend the Member for Ludlow (Philip Dunne) put it, for not meeting performance commitments. More seriously, they could undermine the robustness of the Environment Agency’s criminal sanction regime. On that basis, I hope the hon. Member for Westmorland and Lonsdale will understand why we do not want to see duplication in an area where there is already the capacity to prosecute, a criminal law regime and the sanction of fines, which is everything that his amendments seek.