Flooding

Richard Graham Excerpts

Tuesday 6th February 2024 Westminster Hall

[Mr Robertson]

My hon. Friend makes a very good point that ties in with what everybody is saying. The fact that there have been so many interventions shows what an important subject this is.

[Richard Graham (Gloucester) (Con)]

It is very appropriate that this debate is led by my distinguished neighbour, my hon. Friend the Member for Tewkesbury (Mr Robertson), whose constituency has consistently suffered worst in every major flood for some time. He is making a strong case for responsibility for flooding, and of course he and I know that the protections since 2007—the Mythe waterways, the Walham substation and the Horsbere Brook flooding programme, all of which are in his constituency but on the edge of mine—have made a huge difference.

Does my hon. Friend agree that there are some improvements on Alney Island, which is in my constituency but close to his, that the flooding Minister and the Environment Agency agreed to, particularly fixing leaks in the flood wall and extending its height? Does he also agree that the environment Minister here today, who helped to create the Severn partnership some years ago with my hon. Friend and me, could encourage the flooding Minister, our hon. Friend the Member for Keighley (Robbie Moore), to meet all of the 40 or so MPs of the Severn partnership as soon as possible to consider the creation of a new reservoir in the Welsh hills?

[Mr Robertson]

My hon. Friend and neighbour makes several good points. I am sure that the Minister has heard that and we can take up those issues. This issue is not going to go away. If anything, it is going to get more prevalent. Above all, we need to rethink how we identify areas that constitute not just flood plain but flood risk, with particular reference not only to the proposed new properties but to existing ones. In those areas, we should avoid any further development.

We then come to the problem of water management. At the end of 2022, some people in my area had their Christmas completely ruined by failures in the drainage systems, which resulted in raw sewage re-entering their houses. Not only were their houses damaged by these events, but people had to move out of their homes while they were being repaired over the Christmas period. In some cases, pumping stations had failed and homeowners had to pay the price of that failure.

We need to have a clear policy in place with regard to new buildings. Should they be able to tap into existing drainage systems, or should there be a threshold beyond which they need to ensure that extra drainage capacity is in place before building commences? That is a point that I raised with the then Prime Minister in 2021-22. It is not just about large-scale developments; sometimes building an extra house here or there can, over time, cause problems for others in the area. Making sure that watercourses are clear obviously helps to reduce the risk of flooding. Councils have a responsibility to ensure that riparian owners carry out the correct amount of work, but this is not always the case.

That takes us to the question of river dredging—an issue that I raised in the main Chamber recently, when my hon. Friend the Member for Keighley said that he would look into the matter. I understand that dredging has taken place in the Somerset levels and has been a success. I do not intend to pretend that I am an expert on dredging—I am not at all—but it seems logical that if a river can contain more water without bursting its banks, surely that has to be helpful in avoiding flooding.

Storm Henk

Richard Graham Excerpts

Monday 8th January 2024 Commons Chamber

[Robbie Moore]

I am always up for removing red tape where necessary. I commend my hon. Friend for being a doughty champion for his constituents, because I think this is the fifth time that he has mentioned Pakefield to me, not least in the Westminster Hall debate that he secured just before Christmas to discuss this issue. As he knows, I am more than happy to have a detailed conversation with him and his colleagues along the Norfolk and Suffolk coastline.

[Richard Graham (Gloucester) (Con)]

The flooding Minister visited Alney Island in Gloucester early this morning. I thank him, the Environment Agency, the city council and all who helped mitigate the situation. Some 80 homes in Gloucester have been flooded—one home is one too many, but that compares with more than 5,000 homes and businesses flooded in 2007 with very similar water levels, 48,000 people without electricity and 135,000 without drinking water for a week. The huge investment into the defences for Mythe waterworks, Walham substation, Horsbere brook and the Westgate drainage scheme, and other aspects of the Conservative Government’s Pitt review, have made a massive difference. Will my hon. Friend commit to looking closely at the Severn partnership’s proposals for a strategic new reservoir to hold back water in Wales in due course?

[Robbie Moore]

First, I thank my hon. Friend for inviting me to Gloucester this morning. It was an excellent visit to meet his residents and speak with those who have experienced flooding on Alney Island. It was clear that the investment that this Government put in place and the flood improvement measures put in place in 2006 have worked up until now, but we know the implications when the River Severn catchment is as saturated as it has been. I am willing to meet not only him but the other 38 colleagues who form the caucus, to put a strategic plan in place for the whole River Severn catchment.

Draft Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023

Richard Graham Excerpts

Tuesday 2nd May 2023 General Committees

[Rebecca Pow]

I thank my hon. Friend for that really important point. I stress that we are not changing the permits that are already in place and that, critically, must be in place; in fact, we are opening up the opportunity to have a better look at how the whole system works. Indeed, some things will now need to be permitted that were previously not looked at as closely as the mines, for example, so I can give my hon. Friend that reassurance.

Currently, groundwater activities can be permitted only through the use of bespoke environmental permits, which are the highest level of permits—they would relate to coal mines and so forth. My hon. Friend the Member for Amber Valley raised a good point, and that will not change. However, in many cases it can result in unnecessary costs and, in some cases, unnecessary regulatory burden to business. The statutory instrument will give the regulators the ability to grant other types of permits, such as standard rules permits and mobile plant permits. These non-bespoke permits are significantly less costly and will reduce the administrative burden on businesses while, importantly, maintaining environmental standards. The statutory instrument will also introduce exemptions from the requirement to have an environmental permit for new cemeteries that pose a low risk of pollution to the groundwater environment. 

The public consultation that we conducted on all the measures that I am describing received 264 responses, and almost all the proposals received majority support. The only exception was the proposal on cemeteries, which received some significant opposition. I have engaged with our all-party parliamentary group for funerals and bereavement, and I met them to listen to all their views. The APPG, too, consulted widely in the industry, so following the feedback and further discussion with key stakeholders, adjustments have been made to the cemetery-specific amendments to enable greater clarity and ease of implementation.

Clarity has been added to the draft statutory instrument so that existing cemeteries will be exempt automatically from permitting, unless the regulators are made aware of proven groundwater pollution. The adjustments have been tested in targeted engagement with stakeholders. Controls will be applied to prevent groundwater pollution by currently uncontrolled pollutants such as heat and micro-organisms.

[Richard Graham (Gloucester) (Con)]

If I understand paragraph 7.15 of the explanatory notes correctly—that is the one about exemptions for cemeteries from the requirement for an environmental permit—the draft regulations will mean that existing cemeteries do not need an environmental permit, and new cemeteries will be exempt if their risk of pollution is calculated as being low, but there will be some further explanation of that definition of low risk. Is that correct?

[Rebecca Pow]

I thank my hon. Friend for being so clear, because that is exactly what is stated. If a cemetery is in an area where there might be some implications for the groundwater, the Environment Agency will become involved and permits might be needed. I will get some clearer detail in a minute, but with particular procedures in some burials—potentially involving certain chemicals—one might want permits to be involved. I can get more clarity on that for my closing speech, if that is all right with him.

Heat is now being added as a pollutant. The majority of closed-loop ground heat pump activities will be exempt from the requirement to have an environmental permit. That is to deal with the growth in the ground source heat pump industry. The fact is that they are closed-loop systems—the water is not going into the ground, because it is in a closed loop—so they are considered to be suitable for exemption from requirements unless they are near a protected site or ancient woodland, in which case they would need a permit, just to be super-sure that there is no potential impact from any heat on the flora.

The draft statutory instrument will also help to fix a loophole in the general binding rules for small sewage discharges, which are being exploited, resulting in harm to nearby environmental habitats and local water quality. Thus, the new rules will reduce the risk of groundwater pollution. An example of that is caravan sites, where landowners might be escaping the need for any kind of regulation because each caravan gets rid of its own sewage, instead of it all coming into one area. The measure is considered necessary and was raised in the consultation.

The existing wording of the Environmental Permitting (England and Wales) Regulations 2016 is unclear about the defence that applies to the breach of permit conditions. The draft statutory instrument will help to bring clarity around the liability of sewerage undertakers for breaches of permit conditions that are due to specific circumstances beyond their control. One example of such a breach is an unlawful discharge of waste water into the sewer that breaches the chemical limits of the water company’s permit. The statutory instrument clarifies all that. It does not reduce any protections; in a way, it strengthens them.

The current list of exemptions from the prohibition on direct discharges to groundwater needs to be updated to bring regulations in line with current operational practices and facilitate energy recovery and the latest green technology. The instrument updates that list. There will be a requirement for operators of onshore oil and gas facilities to apply to surrender their groundwater activity permits. They will need to satisfy the regulators that any pollution issues are remediated and that there are no ongoing risks to the groundwater environment at the point of decommissioning or that may arise in future. This measure will ensure that the environment is better protected.

The draft regulations will bring about benefits for groundwater quality, reduce unnecessary costs to businesses and help to ensure that Government resources are being used most effectively to protect and preserve groundwater quality for future generations.

Oral Answers to Questions

Richard Graham Excerpts

Thursday 27th January 2022 Commons Chamber

[George Eustice]

We are working on it and it will be published in due course.

[Richard Graham (Gloucester) (Con)]

In this “tree-bilee” year, the Environment Minister knows about Gloucester’s huge new project, Hempsted woods, where I hope every child will have the chance to plant a tree. She herself kindly planted an apple tree there last year. Does she agree that it would be very helpful if the Department could publish a crib sheet about how everybody in the country can access new trees to plant this year, as soon as possible?

[Rebecca Pow]

It was a pleasure to plant that tree; I hope it is doing well. I congratulate my hon. Friend on his tremendous work with the whole team in Gloucester to plant that huge wood. It will make such a difference to our tree target. It is a great idea of his to send out a list of all the myriad grants that are available for tree planting.

COP26: Limiting Global Temperature Rises

Richard Graham Excerpts

Thursday 21st October 2021 Commons Chamber

[Ben Lake (Ceredigion) (PC)]

I would like to echo the words of my hon. Friend the Member for Brighton, Pavilion (Caroline Lucas), who quoted the IPCC’s most recent report, which stated that

“unless there are immediate, rapid and large-scale reductions in greenhouse gas emissions, limiting warming to…1.5 °C…will be beyond reach.”

Today, we live in a world with global warming of 1.1°C, yet it is a world already ravaged by forest fires and increasingly frequent extreme weather events. It is a world made poorer by rapid biodiversity loss and made more geopolitically unstable by profoundly changing climate patterns. Despite that, my generation may be living through the last days of relative climatic, environmental and ecological stability. It is this realisation that makes COP26 and its outcome so important.

Like others, I can see that the Government’s net zero strategy published this week was an important but overdue intervention. Its ambitions for renewable electricity generation are laudable, the emphasis on decarbonising household heating welcome, and the desire to reduce the greenhouse footprint of our transport sector commendable. And yet, action falls short of the rhetoric, especially when addressing the costs of the transition for households. The heat pump strategy, for example, needs to go further. Indeed, it will benefit only about 0.3% of Welsh households. Instead, greater capital resourcing should be given to the Welsh Government, who are responsible for housing as a devolved competence, so that they can implement a whole-house approach, addressing both insulation and heating supply.

That is just one example, but unfortunately, there are many more, which prompts the question: why? It seems that the answer lies in the Treasury and perhaps its hesitancy to accept the climate crisis for what it is: an existential crisis. It is short-sighted in the extreme for some to suggest that we cannot afford the transition. It is the cost of inaction that is unaffordable. The Treasury’s “Net Zero Review” details that the number of natural catastrophes has risen markedly since the 1980s and Munich Re has calculated that global disasters exacerbated by climate change caused $210 billion-worth of losses in 2020 alone. Meanwhile, the Climate Change Committee found the annual net cost over the next 30 years for the UK’s transition to net zero to be £10 billion, or 0.5% of GDP.

[Richard Graham (Gloucester) (Con)]

Does the hon. Gentleman agree that we need to find positive ways to allow our constituents to be involved in making our cities and towns greener? For example, the new 110,000-tree Hempsted woods in my constituency will give every schoolchild the chance to plant at least one tree. That will be alongside the green energy from solar, wind and hydrogen that we hope to produce there. Does he agree that this is the sort of local initiative that goes alongside the national commitments?

[Ben Lake]

I am very grateful to the hon. Gentleman for his intervention and I agree wholeheartedly. If we are to get to grips with the crisis, it will require both the national and local action that he described so eloquently.

The cost of inaction is unaffordable. Even if we were to disagree on that point, the alternative—a world aflame, flooded and barren—outweighs any short-term Treasury reservations about the cost of the green transition. To put it simply, we can and must do more. I urge the Government to support the COP26 President in the final weeks before the summit so that we achieve global successes on emissions commitments and ensure that the Chancellor’s forthcoming Budget meets the biggest challenge of our age.

[Robbie Moore (Keighley) (Con)]

It gives me enormous pleasure to speak in this place before an event of such magnitude. The agenda and discussions at the COP26 summit in just a couple of weeks’ time will be centred, quite rightly, around global vision, yet the outcomes that I believe we all want to see, and must enact, have to be at a local level across every city, town, village and community across our country.

I would like to draw the House’s attention, not for the first time in this place, to what is going on in my constituency, which I and all my constituents are so passionate about. We want to ensure that we leave this planet in a much better state than we found it for the next generation. I think of the great work that has been done on cleaning up the River Wharfe in my constituency, protecting our precious green open spaces and lobbying hard against the Aire valley incinerator, which I have spoken about many a time in this place. We have been able to make great progress on these challenges, which I face locally, but there are also many great initiatives that are happening. I pay credit to Climate Action Ilkley and businesses such as Airedale Springs, which has already taken great measures, putting solar panels on the business’s buildings so that they can provide green energy to support what it is doing.

The spirit of my constituents is exactly the attitude that I will take when I go to COP next month to speak on the benefits of regenerative agriculture and improving soil health and water quality through such farming techniques. We have already seen the great work being done in this place domestically, and it was a great pleasure to support the Environment Bill yesterday as it moves through this place. When it is passed, it will ensure that we have cleaner rivers, better air quality and more woodland planting.

The Government have also given their 10-point plan an airing with respect to how we will get the green industrial revolution moving, but our work in the fight against climate change cannot be contained to these shores. That is why the Government must use the COP26 presidency to get other countries in line with our environmental objectives. They have already made great progress through the G7 summit in Cornwall earlier this year under the leadership of the Prime Minister.

[Richard Graham]

My hon. Friend is making some powerful points about what we need to do. On non-fossil fuel energy and domestic security and supply, does he agree that we should be doing lots more on nuclear, including with small modular reactors, and on marine energy, harnessing the power of tides and waves in our own country?

[Robbie Moore]

I completely agree. Small modular reactors definitely need to be explored and can definitely be a positive mechanism for our country to drive forward green, clean energy, which will help many of our communities. It comes back to the point that we want to have a positive impact across every city, every town, every village and every community that we represent.

As a result of the leadership shown by our Prime Minister at the G7, we have managed to get a commitment to limiting the global rise in temperature to 1.5°, achieving net zero and supporting developing countries to be greener. At COP26, the Government need to take a tougher stance on ensuring that other countries play their part in achieving those objectives, but not be complicit in doing so.

As a nation, we have shown that being more environmentally friendly need not come at a cost to national finances. In fact, over the past three decades, our economy has grown by 78%, while emissions have reduced by 44%. There is no excuse for other countries not to follow our lead. The United Kingdom should not be afraid to push the point.

British Meat and Dairy Products

Richard Graham Excerpts

Wednesday 28th April 2021 Westminster Hall

[Richard Graham (Gloucester) (Con)]

It is a great pleasure to serve under your chairmanship for the first time, Ms Ghani. I congratulate my colleague and fellow south-west Great British Beef Week love-in leader, my hon. Friend the Member for North Devon (Selaine Saxby). I speak not as a rural MP standing up for his constituent farmers, but as an urban representative for the city of Gloucester and its 100,000 consumers, and as the Prime Minister’s trade envoy for much of south-east Asia and its regional organisation, the Association of Southeast Asian Nations. The two things come together very well.

I relate strongly to my hon. Friend’s calls to buy local. There can be no argument at all, at least among the six Gloucestershire MPs, that the finest beef is from Gloucester cattle—just as Single Gloucester cheese, made only from Gloucester cows, is one of our great cheeses. At this time of year, as all colleagues will know, a great round Single Gloucester cheese is normally to be found rolling down the steepest stopes of Coopers Edge in the great, globally renowned cheese-rolling competition pursued by 100-odd enthusiasts or lunatics. So yes, let us buy local and buy quality.

Let me focus on the export of British beef to south-east Asia in general and Indonesia in particular. Demand in Indonesia—a nation of 270 million people, predominantly Muslims—is growing by 7% a year, and 70% of the roughly £650 million-a-year market is imports, mostly from Australia and India, so there is an opportunity for us, but there are four questions. First, is there potential Indonesian demand for British beef? Secondly, is there potential export capacity here? Thirdly, is our halal certification process compatible with Indonesia’s legislation and approval process? Fourthly, is halal beef a sector that we want to pursue with other potential markets in Malaysia and the middle east? If that is all possible, we have an opportunity. We may need to pursue a free trade agreement to make our prices competitive with friendly Australian and Kiwi farmers.

As so often, these questions cross departmental boundaries, but the Department for Environment, Food and Rural Affairs and the Department for International Trade have worked closely on many issues. Today, in Great British Beef Week, I look forward to hearing the view of our excellent Minister on whether the enthusiasm and capacity of our farmers for halal beef exports are strong, and whether we can resolve the certification question.

[Ms Nusrat Ghani (in the Chair)]

Thank you, Mr Graham —that was mouth-watering.

Environment Bill

Richard Graham Excerpts

Report stage & Report stage: House of Commons
Tuesday 26th January 2021 Commons Chamber

[Richard Graham (Gloucester) (Con) [V]]

The amendment in my name—amendment 28 to this important Bill, which has so much to celebrate—is supported by the Chair of the Environmental Audit Committee, my right hon. Friend the Member for Ludlow (Philip Dunne), the hon. Member for Brighton, Pavilion (Caroline Lucas) and many others from different parties across this House. It would oblige the Government to include steps to improve people’s enjoyment of the natural environment in their environmental plan, rather than simply give them the option to do so. It substitutes for a “may” a “must”—an addition of one letter to recognise the vital importance of green spaces to all our constituents. That is especially true during the pandemic and lockdown, when our parks, big or small, have literally kept many of us sane. The numbers of visitors is up sharply and some inequalities of access—such as for those living in cities, and many ethnic minorities—have been exposed.

It is estimated that for every £1 spent in a park, an extra £7 of value to wellbeing, health and environment is created. Eight out of 10 adults agree that visiting the countryside is good for physical fitness and mental wellbeing. People spending time in green spaces can help reduce heart disease and obesity, cancer and also stress, and in this time of lockdown we need all those things more than ever.

Many people in green spaces can and should also be a good thing, not a bad thing, for the environment. For example, in my constituency of Gloucester, we have the joy of a wonderful green space right in the heart of the city, the Robinswood Hill country park, which gives an opportunity for every child to have the experience of sitting on their mother or father’s shoulders and watching for the first time, on the top of the hill, the sunset over the River Severn in the summer—one of the most beautiful things that anyone can do. That in turn stimulates enjoyment of our green places and also environmentally friendly behaviour, encouraging litter picking, as well as bringing more people into the parks.

In this short space of time, may I highlight the support of the Ramblers, who understand so clearly the importance of our enjoyment of green spaces, and highlight that the amendment is not purely about benefiting urban dwellers? For example, the National Trust estimates that people across Britain are missing out on 500 million park visits a year because of poorly equipped facilities. Basic upgrades, from loos and income-generating cafés to play areas, can hugely help accessibility. Natural England has reported that insufficient footpaths in the presence of busy or dangerous roads can easily prevent access and deter the use of parks. So there are aspects of the amendment that would benefit both those living in the countryside and those living in the towns.

The Environment Secretary has always been supportive of many of these aims, and has said himself:

“Studies across the spectrum…remind us that it is in our best interests to look after nature. We know that a connection with nature contributes to wellbeing and improved health.”

So I hope that the Minister who is taking the Bill through the House—the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Taunton Deane (Rebecca Pow), whose career in the House of Commons has been dedicated to the environment—will share those feelings by recognising the opportunity to do more, and find measures that can be used as targets to enhance people’s enjoyment of our green spaces, so that the “may” does become a “must” in time, and the Government do report on the improvement of people’s enjoyment.

[Florence Eshalomi (Vauxhall) (Lab/Co-op) [V]]

I support all the amendments that Labour has tabled today, but will concentrate my remarks on those specifically related to air quality.

My constituency of Vauxhall contains some of the busiest and most polluted roads in London and the country. Clapham Road and Brixton Road are both major routes for journeying in and out of south London, as well as rat runs for the everyday journeys to work, school and shops made by Vauxhall residents. However, in making these journeys, those residents are constantly exposed to the dangerous pollutants emanating from cars and other vehicles. Brixton Road has made national headlines for exceeding the annual legal air pollution limits a few days into the new year; like many of my constituents, I walk along that road on a daily basis.

We know that these toxic pollutants can have a devastating impact on our hearts and lungs. In particular, we know that PM_2.5 particles are able to get deep into our lungs and bloodstream, where they can have a significant impact on our overall health, both in the short and long term. PM_2.5 can be very bad for the health of our children. Even before this pandemic, children in Vauxhall were regularly exposed to toxic and illegal levels of air pollution, and were having to wear masks to school.

We all have a role to play in reducing this pollution: we have to make fewer journeys by car, drive less polluting vehicles, and walk and cycle when we are able to do so. However, the Government have to play their part, too. Reaching the World Health Organisation limit on PM_2.5 pollution is an achievable target. That is why I will be supporting amendments 2 and 25, to ensure that these strict targets for air quality will be reached by 2030 at the latest. This will take us a step closer to making our air completely safe, both for today and for future generations.

Environment Bill (Twentieth sitting)

Richard Graham Excerpts

Committee stage & Committee Debate: 20th sitting: House of Commons
Tuesday 24th November 2020 Public Bill Committees

[Rebecca Pow]

I am delighted to discuss amendment 231, new clause 31 and new schedule 1. Consumers in this country are increasingly concerned that they are contributing to environmental destruction overseas, and they are right to be concerned: almost 80% of deforestation is caused by agriculture, including produce that we use here in the UK. Globally, half of all recent tropical deforestation was the result of illegal clearance for commercial agriculture and timber plantations. Shockingly, the figure increases to 90% in some of the world’s most biodiverse forests, including parts of the Amazon.

We will be the first country in the world to legislate to tackle this illegal deforestation by setting a framework of requirements on business. Businesses will be prohibited from using forest risk commodities produced on land that was illegally occupied or used. They will be required to establish a due diligence system for regulated commodities to ensure that their supply chains do not support illegal deforestation, and will have to report annually on that exercise. If businesses do not comply, they should be subject to fines. The measures will extend across the whole of the UK, so that we can work across our nations to tackle illegal deforestation.

As the first country in the world to legislate on this issue, we want to continue to lead the way internationally. Therefore, the measures also require us to review the law’s effectiveness every two years. The review will set out any steps that we intend to take as a result, ensuring that we will take action if we do not see progress. The enabling powers in the framework allow us to adjust certain aspects as deforestation patterns change and technology advances.

The law before us today is not only a win for the environment. It is a win for UK consumers, who will have confidence that the food they eat and the products they use have been produced responsibly. It is a win for responsible businesses in the UK, which will no longer be undercut by those who do not follow the rules. And it is a win for our international partners in producer countries, because this approach will deliver for trade and economic development as well as for the environment. We have seen that in Indonesia, where the introduction of a timber licensing scheme meant that confidence in the provenance of its timber grew, leading to an increase in trade. The value of Indonesia’s worldwide exports of timber products doubled from $6 billion in 2013 to nearly $12 billion in 2019.

[Richard Graham (Gloucester) (Con)]

As the Prime Minister’s trade envoy for Indonesia, I had the great pleasure of working closely with colleagues from the Department for International Development and in our embassy in Jakarta on helping the Indonesians to find a solution to what was a significant problem for them. Does the Minister agree with me that this measure shows what the UK can do abroad on our environmental policies, as well as at home?

--- Later in debate ---

[Daniel Zeichner]

The Minister might well wish it had not been said, and I wish it had not been said, but it was.

[Richard Graham]

You heard it, did you?

[Daniel Zeichner]

It was widely reported and not denied.

--- Later in debate ---

[The Chair]

Order.

[Richard Graham]

On a point of order, Sir George. Is it appropriate in this Environment Bill Committee, where we are discussing serious issues, for a Member, however well intentioned, to raise a supposed quote by a former Prime Minister from several years ago, which he certainly never heard—none of us heard it—in language that is arguably not particularly parliamentary?

[The Chair]

That, of course, is not a matter of order; it is a matter of content.

Environment Bill (Twenty First sitting)

Richard Graham Excerpts

Committee stage & Committee Debate: 21st sitting: House of Commons
Tuesday 24th November 2020 Public Bill Committees

The stronger remedies available in our domestic court system therefore dispense with the need to make any additional provision for fines, and will resolve cases more quickly than the EU. The whole process that has been set up—that framework—is to work through problems and issues through remediation, discussion and advice, long before we get to the point of a court issuing a fine, which, I put to the shadow Minister, will be far more constructive than any massive stick of a fine would be.

[Richard Graham (Gloucester) (Con)]

My hon. Friend is making a strong case as to why it is much more effective that the OEP works with public authorities to try to make the sort of environmental improvements that everybody here wants to see, rather than acting as a fining mechanism. Does she agree with me that on this occasion unfortunately the Opposition have confused trying to replicate a European measure with a much better way of doing things here in the UK?

[Rebecca Pow]

I thank my hon. Friend for making my case for me. A great deal of thought has gone into it, which I was going to come to at the end. The shadow Minister suggests that this has not been thought about; I think those were his exact words. To reiterate what my hon. Friend said, this has been thought about in great detail, to come up with a system that will be better at solving problems and improving the environment than the one the EU has on offer.

Furthermore, the Committee might wish to note that this new clause would give the OEP powers that even the European Commission does not have, so it cannot claim to be ensuring equivalence between the OEP and the European Commission. The European Commission cannot fine a member state government, only the Court of Justice of the European Union can do so, a point that really needs clarifying with the shadow Minister. As I have already mentioned, we have stronger remedies than the CJEU. It would be wholly inappropriate for the OEP to directly impose fines. Effectively that would mean the OEP could prematurely sanction public authorities, without reference to the courts, and with no appeals mechanism for the public authority to challenge the decision.

--- Later in debate ---

[Dr Whitehead]

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

Interestingly, this new clause comes at the same point from a slightly different direction. On the basis of what the Minister had to say just a moment ago, she might consider how this clause might work in enhancing the ability of the OEP to secure importance in an appropriate and robust manner.

The new clause—and I shall not dwell on it great length—requires a public authority to whom the OEP has issued a recommendation to normally follow that recommendation. That is an onus in law, on the public authority, to follow the course of action set out in the recommendation made by the OEP. There can, of course, be exceptions to that, and there may be circumstances in which an authority considers it does not have to follow a recommendation. However, if that is the case, the new clause provides that it should publish a report setting out the reasons for not doing so and, positively, what alternative course of action it proposes to take.

The new clause would considerably enhance the power of the recommendations of the OEP as the default position would be that an authority should follow its recommendation; it could not get away with saying “Well, we don’t particularly want to do that. There are reasons for this; trust us—don’t worry. We don’t have to do it”. Instead, it would have to go public on why it could not do it, and it would have to publicly say what alternative course of action it would take, rather than taking no action.

This does not go down the fine route, but it does go down the enforcement route in a different way—a potentially equally important way—and I would be interested to hear the Minister’s thoughts on this particular way of further enhancing the enforcement credibility and robustness of the OEP.

[Richard Graham]

I am slightly concerned about the trend of the hon. Gentleman’s line of thinking, which is very authoritarian and along the lines of “Let’s have the courts say as a default that the police are normally always right; that the county council are normally always right on issues of child welfare and so on.” That is not the way that this country operates; we believe fundamentally in freedom and an objective decision by the courts on the rights and wrongs of a particular case. Surely there is no reason why the OEP should be some sort of magical exception to that overriding rule.

[Dr Whitehead]

If the hon. Member for Gloucester were pursuing a principled position on that, he would have to undo the whole structure of regulation in this country to ensure the freedoms and the way of life that he suggests that we should follow, because that is what regulators by and large do—they quite often produce regulatory decisions and regulatory outcomes that apply to those who are being regulated. I gave the hon. Gentleman the example of Ofgem, which levies fines on bodies that appear to transgress what Ofgem has decided as a regulator. That is not a court action but relates to how the regulator works and how those who are supervised by that regulator are expected to behave. There is a direct relationship between those two, and that is the case with a range of other regulators in all sorts of other areas. For example, the hon. Gentleman will be aware of Ofcom’s regulatory activities on a number occasions, and those of Ofwat.

I am not suggesting an exceptionally authoritarian proposal that comes out of thin air in a desire to regulate people beyond what they can bear. It is based on the relationship between the regulator and the regulated and their respective actions. Normally, those who are regulated should do what the regulator suggests should happen. To me, that is not akin to the Stasi going in to everyone’s life and regulating their private thoughts out of existence. What is proposed is a reasonably standard regulatory process, as carried out on a agreed basis in this country.

--- Later in debate ---

[Rebecca Pow]

I thank the hon. Member for the new clause. I share his interest in ensuring that the OEP acts transparently in the exercise of its functions. That is why we have created, in clause 22, a duty on the OEP to have regard to the need to act transparently. We have also required the OEP, in clause 38, to make public statements when it carries out various enforcement activities. In carrying out the duty in clause 22, the OEP would normally make information about its work publicly available—perhaps the shadow Minister has missed that element.

However, there may be certain situations where it is inappropriate and unhelpful for it to do so. There is a difference between what is in the public interest and what might be of interest to the public or to some members of the public. In particular, the OEP will need to communicate with public authorities, including Departments, in the exercise of its scrutiny and enforcement functions. Those communications will require a degree of confidentiality if the OEP is to engage effectively and productively on sensitive issues with public authorities, and avoid prejudicing possible enforcement action. The effect of the new clause might be to remove that necessary confidentiality from the OEP’s interactions.

The new clause would require the OEP to maintain a continuous running commentary on its communications with Ministers and their Departments, which would be administratively burdensome and a poor use of resources, given the other provisions we have included in the Bill on transparency, reporting and public statements. The hon. Member asked whether ringing up to order a sandwich should be recorded. That is a good point, because it is not at all clear in the new clause what exactly the register would have to contain. Is it the full text of the communication? Potentially, if one was having to record everything, one would have to record those things as well. It is just a small point.

[Richard Graham]

The Minister is making a very good case for the new clause being entirely redundant. I am surprised that the hon. Member for Southampton, Test, whose judgment is often very sensible, really considers that creating a register of communications, with all the arguments about what might be considered trivial or not trivial, is a good idea when setting up the very important Office for Environmental Protection. Does the Minister agree that this is another new clause that we should move on from swiftly?

[Rebecca Pow]

I could not agree more. I thank my hon. Friend for clarifying that point, because he is absolutely on the money—not that the OEP is a fundraising body, of course.

There is nothing in the Bill, of course, to prevent the OEP from setting up a register of significant communications should it choose to do so, but we do not believe that it should be required to do so as a legal obligation. It is, after all, an independent body. To clarify how independent it is, I should say that it will obviously be operationally independent from the Government and governed by the non-executive members appointed through the regulatory public appointments process.

On the question of the OEP potentially deciding it wants to set up a register, I should mention that the Office for Budget Responsibility has a register similar to that proposed by the hon. Member. That is not a statutory requirement; rather, the OBR produces it of its own accord, and we believe it must remain for the OEP to decide how to fulfil its duty to have regard to the need for transparency. The new clause is somewhat inappropriate and unnecessary, and I ask the shadow Minister to consider withdrawing it.

--- Later in debate ---

[Ruth Jones]

It is a pleasure to speak in support of new clause 15 and to follow my hon. Friend the Member for Putney, who made so many powerful points in her speech.

I want to start by paying tribute to my hon. Friend the Member for Halifax, who has long campaigned for action to protect communities vulnerable to flooding and for the Government to act to mitigate the risk of flooding in her constituency and across England.

She has been joined by a number of Members, including my hon. Friend the Member for Barnsley East (Stephanie Peacock), who I know supports the action to which the new clause would give effect.

On 1 May 2019, the Opposition forced the Government to agree to the UK Parliament becoming the first in the world to declare an environment and climate emergency. It was the right thing to do, and that declaration and the necessary action to tackle the emergency have underlined every word uttered by the Opposition in Committee and, importantly, influenced every single amendment and new clause. Earlier this year, we saw storms Cara, Dennis and Jorge demonstrate the reality of the climate crisis and showed that more extreme weather will happen more often and with devastating consequences for jobs, lives and communities. I saw the impact water damage can have on communities. Newport West itself had minimal damage, but we saw considerable flooding in our parks and green spaces. Sadly, other parts of south Wales were severely impacted—the Rhondda Cynon Taf area in south Wales was the scene of 25% of the UK total of homes damaged by the floods in early 2020—and there was also significant damage in places such as Shrewsbury and other small towns on the banks of the River Severn. So this is real. It is important that we get to grips with the dangers the water poses and look to adopt a policy of prevention, because that is better than cure.

I am deeply concerned by the deep, long-term cuts to Natural England and the Environment Agency that have seriously undermined their ability to tackle the environment crisis and deal with the impact of the climate emergency. That is important to note, because new clause 15 seeks to enhance the powers and reach of the Environment Agency, and we cannot do that without acknowledging the huge hit to its finances, abilities and reputation inflicted by the Government. The new clause is a focused, clear and coherent attempt at mitigating risk, but would also show that the House is determined to respond to the climate crisis, as well as to lead our way out of the many problems caused by water damage and flooding.

The amount of homes at risk of flooding has more than doubled since 2013, reaching an approximate total of 85,000 homes, so we need a joined-up approach across regional water authorities, local government and regulators to provide a single flood plan for an area to manage flood risk and better co-ordinate the response to flooding. That is why the new clause is important. It is about more than just preventing flooding from reservoirs: it should look to identify opportunities where existing and proposed reservoirs could be used to provide flood storage capacity and other benefits.

The damage caused by water has destroyed lines and, in some devastating situations, has taken lives too. This afternoon, we need to make sure that the new clause passes, because I am sure the Government share our ambition to ensure that this is enshrined in law.

[Richard Graham]

I rise very briefly, to my Whip’s dismay, to comment because the points raised by the hon. Member for Newport West have a lot of merit to them, as the Minister will agree. In particular, the hon. Member is not far away from the same river that has frequently flooded my own city of Gloucester, most notably in 2007. It is worth noting that we do have something called the Severn Partnership, which brings together the MPs the whole way along the river—around 40 of us—to work very closely with, for example, Shropshire County Council, the Environment Agency and other important stakeholders. Indeed, it is very important that it is a cross-border partnership, talking closely with colleagues in Wales and the authorities there.

The key point, which I am sure the Minister will touch on, is that I am not convinced the Secretary of State needs to make regulations granting the Environment Agency these additional powers. However, I do think that it is incredibly important for the Secretary of State, and his or her Ministers—the Minister in her place has already done this—to show huge commitment to encouraging and working with all those partners in order to resolve a fundamental problem in this country, which is that half of it has too much water and has floods, and the other half has too little and has droughts. If we could store water high up, in the Welsh or Shropshire hills, and avoid flooding in places such as Gloucester, we could then transfer it by pipe all the way down to Thames Water, and make a turn at the same time, which would be good news for all concerned. I am sure that the Minister will explain why she agrees with the principle but does not necessarily see the point of the amendment.

[Rebecca Pow]

I thank all hon. Members who have contributed to the debate, and particularly the hon. Member for Putney for sharing her experiences of flooding. Clearly, my sympathies lie with anyone who has experienced flooding. I saw it for myself at first hand when the Somerset levels flooded.

I want to reassure the Committee that flood risk management is a top priority for this Government. I fully recognise the desire to look at all the options, but this Bill is not the place for new flood management legislation. There are currently over 200 reservoirs operated by the Environment Agency that are used for flood risk management, and that are deliberately kept low in order to maximise the amount of rainwater they can store.

Water company reservoirs have a different purpose and play a significant role in ensuring that we have ready access to water whenever we want and need it. Indeed, water companies have statutory duties, enforceable by Ofwat and the Secretary of State, to maintain secure water supplies, under the Water Industry Act 1991. That is a key point to highlight, because the security of water is so essential. This primary purpose of water companies must be considered first, before any additional duties are placed on them, even if those duties would help with flood risk management.

However, there is nothing to stop a water company using its reservoirs for flood risk management purposes and as a risk management authority. Under the Flood and Water Management Act 2010, water companies have a duty to co-operate with all other risk management authorities, including the Environment Agency. I am aware that some water companies across the north of England have undertaken trials to explore how and where this approach might offer the most benefits. Those trials have shown some positive results, but they have also identified some risks, such as prolonged dry weather, which need to be fully understood.

We should not forget that not many months ago we were facing a potential drought in the north-west, and everyone was on the phone to the water Minister. That was exacerbated by unusually high demands for water, because of the hot weather and changes in people’s behaviour and routines during the pandemic, with more people using hosepipes to fill paddling pools, wash their cars and water their gardens. Similarly, in the summer of 2018 the country dealt with very dry and warm weather, with water companies experiencing high demand. We must pay as much attention to the problem of too little water as we do to too much. Indeed, as the hon. Member for Newport West highlighted, we should expect more frequent extremes of weather as a result of climate change, so that all impacts on this situation.

There is a formal agreement between the Environment Agency and Yorkshire Water in relation to Gorpley reservoir, which demonstrates that, through effective partnership working, such agreements between the different water bodies and organisations can be secured locally. I therefore believe that local agreements and partnership working form the most appropriate approach. My hon. Friend the Member for Gloucester highlighted the Severn Partnership, which involves a whole range of bodies working together, including local authorities and all the MPs representing constituencies up and down the valley. That is proving to be something of a model in driving forward the whole issue of water infrastructure, how to get water from A to B, and how to deal with the demand. That has been a voluntary arrangement.

As I have said, flood risk is a top priority for the Government. We have published our flood and coastal erosion risk management policy statement, which sets out our long-term ambition to create a nation that is more resilient to flood and coastal erosion risk.

The hon. Member for Newport West touched on funding. From 2021, the Government will double investment in flooding to £5.2 billion in the next six-year capital investment programme for flood defences. That investment will better protect 336,000 properties from flooding. Additional funding of £200 million over six years will help 25 local areas to take forward some much wider innovative approaches to improve flood resilience and coastal erosion. That touches on the whole issue of water supply.

Environment Bill (Eighteenth sitting)

Richard Graham Excerpts

Committee stage & Committee Debate: 18th sitting: House of Commons
Thursday 19th November 2020 Public Bill Committees

[The Chair]

Before we begin, I would like to remind hon. Members about social distancing. Spaces available to Members are already clearly marked. Hansard colleagues would be grateful if you could send any speaking notes to [e-mail]. I also remind Members to please switch electronic devices to silent. Tea and coffee are not allowed during sittings.

We continue with line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room. It shows how the selected amendments have been grouped together for debate. Amendments grouped together are generally on the same or similar issues. Please note that decisions on amendments do not take place in the order they are debated, but in the order they appear on the amendment paper. The selection and grouping list shows the order of debates. Decisions on each amendment are taken when we come to the clause to which the amendment relates.

[Richard Graham (Gloucester) (Con)]

On a point of order, may I highlight the terrific leaf-covered suits of the Minister and her PPS and, indeed, the green jacket of the hon. Member for Putney, as part of a tribute to the cause of this great Environment Bill Committee?

[The Chair]

As the hon. Gentleman is fully aware, that is not a point of order. However, the point has been made and I am sure it will be appreciated by those to whom it was directed.

Clause 93

General duty to conserve and enhance biodiversity

Amendment made: 223, in clause 93, page 95, line 21, after “England))” insert—

“(a) in subsection (1), after ‘conserving’ insert ‘or enhancing’;”. —(Rebecca Pow.)

This amendment adds a reference to enhancing biodiversity to section 41(1) of the Natural Environment and Rural Communities Act 2006.

Question put, That the clause, as amended, stand part of the Bill.