Rivers Authorities and Land Drainage Bill

Rachel Maclean Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 15th March 2019 Commons Chamber

[David Warburton]

Yes, there was a pun there. I thank all those who have made this possible, particularly those who joined in the Committee stage, and I am grateful for the cross-party consensus and support, which has been very important and valuable.

My Bill covers the important topic of water management, particularly flooding. The House has debated flooding many times, and not just in respect of this Bill, so I know that we are all well aware that it is truly devastating and that such devastation can be wide-ranging and long-lasting. Many of our constituents, and some of us in this House, have had terrible direct experience of the effects and power of flooding, and anything we can do to help them help themselves, in addition to the record investment from this Government, which we should note, can only be a good thing.

Whether directly affected or not, no one in the House will not recall the images of inundated communities during the floods of 2007 and 2013-14 and of the winter of 2015-16, which impacted on so many people across our country. We must not forget, either, the other localised flooding that has affected many others between and since those events.

[Rachel Maclean (Redditch) (Con)]

I am delighted that my hon. Friend has touched on the relevance of his Bill to areas apart from Somerset—we all remember the flooding there. Is it his contention that the measures in the Bill could be used to create bodies to manage flooding in other areas of the country?

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[David Warburton]

I am no expert on water tables or the flooding of cellars, but that is exactly the kind of work that our internal drainage boards and other risk management authorities manage daily. The purpose of the Bill is to bring the work of those bodies together and add to their weaponry, so that they can work to help us all. To help to deliver that, my Bill will specifically provide opportunities for local partners and communities to better manage the risk of flooding and to improve water management, which will also have other benefits. The Bill will achieve that through the two types of public body that it covers.

The devastating floods that hit my constituency and those of other Members during the winters of 2013 and 2014 will forever be ingrained in my mind. I apologise to Members present who attended previous debates on the Bill and have heard this before—I will not go into all the details—but the events really were shattering for Somerset. I recall travelling by boat on what ought to have been roads on the Somerset levels and moors, and standing in people’s houses that were not only waist-deep in water but had been flooded only 12 months before.

From adversity comes opportunity, though, and neighbours and communities in Somerset came together. Members of those communities wanted to take action to reduce the chances of such flooding happening again and properly to manage the risk. The people of Somerset were keen to take ownership and proposed the creation of a new locally funded public body known as the Somerset Rivers Authority. I thank the Government for their support for the idea, and the SRA itself for the benefits its hard work has already provided since its inception, even though it is currently non-statutory and unincorporated. Members will be pleased to know that the Bill does not purely contain powers formally to establish the Somerset Rivers Authority, but rather enables the creation of rivers authorities wherever there is local need and support and due process is followed.

The Bill’s first measure will enable the creation of rivers authorities, which will be risk management authorities and major precepting authorities. They will be able to issue a council tax precept each year, to be used for local flood risk management activities in addition to those already undertaken by the Environment Agency, IDBs, local authorities and others.

Although a rivers authority would need to encompass an entire local authority area, if desired it could span any number of local authority areas, thus providing a level of joined-up strategic planning where appropriate. Rivers authorities will be locally accountable bodies that work with all risk management authorities, including water companies, to help reduce the local risk of flooding from all sources. They will use the funding provided by the precepts to undertake such work as will benefit their entire areas of operation. The rivers authorities model is very much one of collaboration and enabling the use of knowledge and expertise to deliver for communities. A rivers authority is not there to usurp any other organisation or the Government’s and the Environment Agency’s important work throughout the country.

Although, as I have said before, Somerset is fortunate, as in so much else, in already having its own rivers authority. The Bill is the final piece in incorporating that authority formally and ensuring that it has a secure future.

[Rachel Maclean]

I note that the Bill will bring with it powers to levy a precept on council tax payers. I am concerned about local council tax payers having to pay more. Will my hon. Friend enlighten the House on what he thinks the amount of the precept will be and how it will affect local council tax payers?

[David Warburton]

I am grateful to my hon. Friend for that intervention, because it is important to clarify this. The Somerset Rivers Authority is already paid for by local council tax payers, to the tune of £2.5 million a year. That money comes in the form of a voluntary payment from the local authority to the rivers authority, which means that it has no security for the future. The rivers authority cannot enter into long-term contracts or plan strategically for the future. The Bill will provide it with assurance that it will be able to provide the kind of levels of water management that we need in the future. There need not necessarily be any change to the amount paid by local taxpayers.

In advance of a rivers authority being created, there must be a proposal and there must be local support. The Government will not, and indeed cannot, under the auspices of this Bill impose a rivers authority anywhere, but will consider those who want to propose such a body by setting out their policy intent for rivers authorities through a national framework. The details for any agreed rivers authority will be set out in secondary legislation specific to each one.

Assuming that my Bill makes it to the statute book, as I very much hope that it will, I will politely and respectfully press the Government to issue their national framework as soon as possible and will then pursue local partners to bring forward their proposals, which will finally allow for the Somerset Rivers Authority to be formally created under this legislation.

There are other already important risk management authorities in England. One type of such body is internal drainage boards. IDBs maintain watercourses, reduce flood risk to people and property and manage water levels for agricultural and environmental needs within their internal drainage districts. There are currently 112 IDBs across England, covering roughly 10% of the country, so Members will be aware of them and the important work that they do. However, there are gaps that some might wish to fill.

Internal drainage boards mainly fund their work through a charge on the communities that they serve. Agricultural landowners are liable for drainage rates, and local authorities are liable for the special levy. The special levy charge, and the methodology that sits behind it, is based on ratings from 1990, as set out in the Land Drainage Act 1991, but, unfortunately much of the data is missing or incomplete. The second measure in my Bill therefore amends the Land Drainage Act to accept newer ratings data that could be used to create new charging methodologies.

To ensure that the apportionment calculation between the two charges is up to date, and to reduce the risk of imbalance on either side, that measure will also allow for an update to the drainage rates charging methodology. Once the regulations are in place, the new data and charging methodologies will enable the creation, finally, of new internal drainage boards, or the expansion of existing ones, where this is wanted. I know that there is enormous pressure for that from hon. Members up and down the country. I stress that both those measures in the Bill are enabling powers and require local support before the Government can act.

As I said on Second Reading, this Bill helps to deliver greater protection through two different, but equally important, public bodies. We in this place owe it to our constituencies and our communities, and to anyone who has been flooded or is at risk of flooding, to take all possible steps to mitigate that risk. With the support of the House today, discussion and scrutiny of this Bill will, I hope, continue in the other place. I very much look forward to following its discussions with interest. I commend this Bill to the House.

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[Rachel Maclean (Redditch) (Con)]

It is a pleasure to add my support to this Bill, and I thank my hon. Friend the Member for Somerton and Frome (David Warburton) for introducing it and for accepting my interventions. I have a confession to make, Madam Deputy Speaker, because unfortunately I do not share the passion for drains expressed by my hon. Friend the Member for Banbury (Victoria Prentis)—[Interruption.] I am sorry about that, but I do share her passion for rivers and for our environment more generally. In particular, I share her passion for drains that work well, as will all hon. Members who were here last week when the drains were blocked—enough said about that.

We are discussing Somerton and the Somerset levels, and the admirable work that has been done. It is interesting to consider the unique aspects of the environment that have affected the Somerset levels. Being a midlands girl, I confess that before I came to this place and made the acquaintance of many Members across the House, I did not have much knowledge of the Somerset levels and that unique environment. Like many of us, I remember watching the news and seeing those devastating floods, which had a catastrophic impact on those communities. I remember seeing photographs of politicians in wellington boots and hi-vis jackets standing in a flood or river, and thinking, “Goodness me. They are tackling a really challenging issue.” Now that I have the privilege of representing a community, I find myself wearing hi-vis jackets and wellingtons on some occasions, so I understand what was happening on the Somerset levels.

Thousands of years ago that unique environment was covered by the sea. That is quite a common feature for our island nation, because we are surrounded by the sea on all sides. As it receded, we had to manage the land. I understand that it was the Romans who first dug up a network of drains and ditches to manage the place. That work has continued ever since, as the area is vulnerable to flooding because of its geography.

We are discussing the wider issues of flood management and it is timely for us to be doing so today. On my way here, I saw schoolchildren protesting in the climate strike. The Bill is about flooding, water management and managing our environment and our ecology. It touches a wider nerve outside this place. I am proud to see our young people taking action on these issues that matter to us, and I am proud to be a part of a Government who take them very, very seriously.

[Thangam Debbonaire (Bristol West) (Lab)]

I am grateful to the hon. Lady for letting me intervene on her. She mentions the young people outside today. I went out to talk to some of them. Does she agree that they are an inspiration, but that this is also a time to reflect on what we are doing? The young people I spoke to gave me a list of things that they think we need to be doing. They did not mention the Bill—strange to say—but it is a part of the piece. Does she agree with me that those young people are why we are here and why we get up every day to do the jobs we do?

[Rachel Maclean]

I thank the hon. Lady so much for that intervention. She is absolutely right. Every time I come into this place, I see people with placards outside. It is a real privilege to be able to take on their concerns and to be able to do something about them. I agree with her on the climate. We all need to do more, but we are making some welcome progress. For example, the UK is the first country to phase out coal generation and we are the first country to have passed a climate change Act. When I speak to local young people in my constituency, they present me with demands similar to those she has just mentioned. I tell them that we are taking action and that we do care. We have reduced our carbon emissions. Our country is a leading advocate for the Paris agreement. Taken together, along with the action we will be taking on drains and flood management through the Bill, we are doing a good job, but we are all mindful that we have to keep doing more on this issue.

My hon. Friend the Member for Somerton and Frome mentioned the economic impact on communities, businesses, farmers and all people who live in areas affected by flooding that his Bill will help to prevent. I have some personal experience of that. The briefing notes state that the measures in the Bill can be used—he kindly responded to my intervention on this point—to create bodies in other parts of the country. One such place could be Cumbria. My 83-year-old mother lives in Cumbria. She has dementia and she was very badly affected by the floods that took place in December 2015. She had to be evacuated from her home and put up in a local hotel. She lives on her own and she had no carers there. She was totally distressed and it was harrowing to receive phone calls from her saying, “I can’t get food. I don’t know where I am. Someone’s taken me and put me in a hotel.” When we talk about the impact of flooding on roads and so on, we must remember the human impact. It really affects people. I believe that in those floods there was loss of life.

It is very important that we enable local bodies to take action as necessary on a local basis, supported by local communities, to address the specific issues in their areas. As a low-tax Conservative, I support the idea that this should be locally managed with the consent of local communities. A number of environmental measures have to be taken, as my hon. Friend said, to tackle issues that pertain to the specific geography of their areas. My hon. Friend the Member for Banbury mentioned the impact on wildlife. Flash flooding has a huge impact on the local wildlife: not only the fish in the streams but any birds, flora and fauna living on the riverbank. These are fragile environments and they can be obliterated by flooding, huge movements of earth, landslips and so on, so having local plans in local areas is very important.

I am pleased that the Bill has the support of the National Farmers Union and the Association of Drainage Authorities. The Bill will be welcome in my constituency because as well as Somerset and Cumbria, we suffer in my area from flooding. Most recently, we experienced flooding in an area called Hollywood—not in Los Angeles but just up the road in Birmingham—where two months’ worth of rain fell in two hours. I am delighted that an organisation has come together to put in place the Hollywood risk management plan, because the flooding caused £15 million-worth of damage, which people in that area could ill afford. I am very pleased that there are measures in the Bill that will help local communities up and down the land, should those communities choose to put them in place.

I put on record my thanks to my hon. Friend the Member for Somerton and Frome for his work as he has steered the Bill through the House. I thank everybody else who has spoken and the Minister, and I look forward to hearing his comments about how the Government will support the Bill and enable it to be enacted.