Food Security

Robbie Moore Excerpts
Thursday 21st March 2024

(1 week, 1 day ago)

Commons Chamber
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Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
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I thank all right hon. and hon. Members for their contributions to today’s debate, and also thank the Chairs of the three Select Committees for the valuable work they have done in pulling together the reports. Having been a member of the Environment, Food and Rural Affairs Committee before taking up my ministerial role, I know just how hard all Select Committees work, so I thank them for those reports.

UK food security, based on supply from diverse sources, is a top priority for this Government. We know just how important driving domestic food production is. As has been mentioned, we produce just over 60% of the food that we need, and 73% of the food that we can grow or rear in the UK for all or part of the year. Those figures have changed little over the past 20 years, but it is worth noting that the Government’s desire is to ensure that our domestic food production is enhanced.

A strong domestic food production system is the foundation of our food security, which is why we as a Government have committed £2.4 billion to supporting food producers. The Farm to Fork summit last year brought together over 70 businesses with the aim of growing a thriving British food and drink sector. It was hailed a great success by many of the stakeholders who attended—the Chairs of the three Select Committees noted just how valuable it was—which is why the Prime Minister has announced that we will be holding a further summit this spring.

We as a Government take a holistic view of food security, considering it across the five themes set out in the UK food security report. That report is an analysis of the statistics relating to food security that DEFRA is required to produce under the Agriculture Act 2020 to present to Parliament every three years. The report includes chapters with statistics on trends in global food production, total population demand, price inflation and sustainability. The global chapter of the UK food security report sits alongside chapters on other key aspects of food security, both domestic and international, to ensure that we are taking a holistic approach that considers links across the food system. The first UK food security report was published in December 2021, and the next food security report will be published in December this year.

All Members, including my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), have recognised just how important those reports are, as is the addition of the food security index, which was announced by the Prime Minister at the National Farmers Union conference. In addition to our existing robust processes for monitoring the UK’s food security, the food security index will complement the three-yearly food security report. We are currently developing the content of the index, but we expect it to present the key data and analysis needed to monitor how we are maintaining and enhancing our current levels of food security. We will publish the first draft of the food security index during the second UK Farm to Fork summit in the spring. The requirement for an annual food security index will be put on a statutory footing when parliamentary time allows.

A key challenge, which all countries are facing, is how we meet our climate and environmental objectives while maintaining a high level of food security. Domestically, the Government have committed to maintain the current level of food that we produce, but we want to enhance it to unleash our domestic potential. This includes sustainably boosting production in sectors in which there are post- Brexit opportunities, such as the horticulture and seafood sectors.

We know that food production and environmental improvement can and must go hand in hand. Our environmental land management schemes, which support climate and environmental outcomes as well as food production, are absolutely part of that. We have already ensured that our existing environmental schemes support food production. For instance, actions in the sustainable farming incentive support the creation of flower-rich buffers, which help pollinators, and that in turn helps with crop reduction.

The Agriculture Act imposes a duty on the Secretary of State to have regard to the need to encourage the production of food by producers in England, and its production in an environmentally sustainable way, when framing any financial assistance scheme. That is why our reforms aim to support a highly productive food producing sector, and one that is more environmentally sustainable.

Many Members asked about the land use framework. It will be published this year, but I want to reiterate that the reason why it has not been published to date is that the Secretary of State and his ministerial team have been very keen to make sure that it relates to enhancing our food production and making sure that food security is at its very core. When we are balancing the use of land as a finite resource that is being pulled in all different directions—for energy security, biodiversity offsetting, net zero targets, housing, infrastructure—we need to make sure that food security is considered at the heart of it.

Many Members, including the Chairs of the Select Committees, referred to pesticides, which play an important role in UK food security.

The Science, Innovation and Technology Committee’s report, “Insect decline and UK food security”, states that there was a consensus among key industry stakeholders, academics, charities and farming representatives that

“pesticides, even if only used as a last resort, are needed for UK food production.”

However, it notes that they must be used sustainably, and the Government’s first priority on pesticides is to ensure that they will not harm people or impose unacceptable risks to the environment. A pesticide may only be placed on the market in Great Britain if a product has been authorised by the regulator, the Health and Safety Executive, following a thorough scientific risk assessment that concludes that all safety standards have been met.

Reference has been made to the national action plan on the sustainable use of pesticides. It will set out DEFRA’s ambition to minimise the risks and impacts of pesticides on human health and the environment, including how we intend to increase the uptake of integrated pest management across all sectors. We hope to publish that national action plan imminently. However, we have not waited for its publication, and we have been moving forward with work to support sustainable pest management, and DEFRA has funded a package of research projects that bring together scientific evidence underpinning integrated pest management. We look at ways of further encouraging its uptake.

Greg Clark Portrait Greg Clark
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I am encouraged by the imminence of the publication of the action plan. Can the Minister confirm that “imminently” will mean that it will meet the recommendation of my Committee’s report, to which he referred, which echoes the report of the Environmental Audit Committee, chaired by my right hon. Friend the Member for Ludlow (Philip Dunne), that it should be by May at the latest?

Robbie Moore Portrait Robbie Moore
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I thank the Chair of the Science, Innovation and Technology Committee for his intervention. I reassure him that officials are working at pace, based on the recommendations of all the Select Committee Chairs, to ensure that we can get the announcement made as soon as possible. I want to reassure him on that.

Pollinators were raised, and we know that bees and other pollinators play an essential role in our £100 billion food industry. The economic benefit of insect pollination to UK agriculture is estimated at more than £500 million a year. I reassure all Members of the House that we have already taken action. We have announced 20 new nature-based solutions across the country, funded by a £25 million species survival fund, and that is in addition to the 12 nature recovery projects and 54 further projects that we have funded through the landscape recovery scheme. Under the pollinator strategy, we have already established a world-leading pollinator monitoring scheme for farmland that delivers food and fuel for pollinators.

Many points have been made throughout this debate, and I simply do not have time to respond to all of them, but I am happy to meet Members who have raised queries throughout the debate. In closing, in the last few seconds that I have, I reiterate that the UK has strong food security, and we are keen to enhance that. We are not taking that for granted. We are working across the supply chain to maintain and enhance food security across multiple policy areas, but it is worrying that Labour wants to roll out the blueprint it has established in Wales across the UK, should it get to power. I worry for farmers, and I worry how seriously Labour is taking food security, given that not one Labour Back Bencher contributed to such an important debate on food security.

I thank all Members who have contributed to today’s debate, including the Chairs of the Select Committees, my right hon. Friends the Members for Tunbridge Wells (Greg Clark), for Scarborough and Whitby (Sir Robert Goodwill) and for Ludlow (Philip Dunne), who have made their valuable contributions.

UK Food Security

Robbie Moore Excerpts
Tuesday 19th March 2024

(1 week, 3 days ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
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It is a pleasure to serve under your chairmanship, Mrs Cummins. I thank the hon. Member for Somerton and Frome (Sarah Dyke) for securing today’s incredibly important debate. It has also been a pleasure to hear the interventions from right hon. and hon. Members.

UK food security is vital to our national security. Strengthening it by supporting our farmers and food producers is a top priority for this Government. Our high degree of food security is built on the supply of food from diverse sources—from domestic production as well as from imports through stable trade routes.

We produce 63% of all the food we need, and 73% of the food that we can grow or rear in the UK for all or part of the year. Those figures have changed little over the past 20 years. UK consumers have access through international trade to food products that we cannot produce here, or at least not on an all-year-round basis. This supplements domestic production and ensures that any disruption from risks such as adverse weather or disease do not affect the UK’s overall security of food supply.

The Department for Environment, Food and Rural Affairs has well-established ways of working with the industry and across Government to monitor risks that may arise. The key forum is the F4, which is chaired by a DEFRA Minister and comprises the National Farmers Union, the Food & Drink Federation, the British Retail Consortium and UKHospitality; it covers the interests of the sector from farm to fork. This extensive, regular and ongoing engagement helps the Department to quickly prepare for and respond to issues that have the potential to cause disruption to food supply chains.

We also continue monitoring of the market through the UK agriculture market monitoring group, which monitors price, supply, inputs, trade and recent developments. We have also broadened our engagement with the industry to supplement our analysis with real-time intelligence as required. Domestically, the Government have committed to maintaining, if not enhancing, the level of food that we currently produce. That includes sustainably boosting production in sectors in which there are post-Brexit opportunities.

Food production and environmental improvement can and must go hand in hand. We are already seeing the benefits of our environmental schemes, which are supporting food production domestically and are delivering environmental benefits. For instance, actions through the sustainable farming incentive support the creation of flower-rich buffers that help pollinators, which in turn help to produce a better yields. Our soil management actions ensure that farmers are supported in the foundations of food security, such as the health and the resilience of soil.

The Agriculture Act 2020 imposes the following duty:

“In framing any financial assistance scheme, the Secretary of State must have regard to the need to encourage the production of food by producers in England and its production by them in an environmentally sustainable way.”

We are seeing that through the roll-out of the environmental land management schemes.

Jamie Stone Portrait Jamie Stone
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Farmers in my constituency have made the point that when a carbon capture audit is done of a farm, the value of grassland in holding and storing carbon is underestimated. That should be looked at again in the overall audit of these farms, which could help in turn to support the growth of excellent beef on our farms.

Robbie Moore Portrait Robbie Moore
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Having been involved in the agriculture sector for my whole life before entering this place, I know just how important pasture and grassland are to carbon sequestration. When we are rolling out environmental land management schemes, it is important that the benefits of pasture land through carbon sequestration are taken into account. That is why the reforms that we have introduced, through coming out of the common agricultural policy, are so important to supporting a highly productive sector that is environmentally sustainable.

In addition to the sustainable farming incentive, the farming investment fund and the farm productivity innovation funding will further improve farm productivity. Our schemes will ensure our long-term food security by investing in the foundations of food production, such as healthy soil, water and biodiverse ecosystems. Backing our farmers is so important, which is why the Prime Minister and the Environment Secretary announced a range of measures at the National Farmers Union conference to boost productivity and resilience in the sector, including the largest ever grant offer for farmers in the coming financial year, which is expected to total £227 million.

Tim Farron Portrait Tim Farron
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The Minister mentions the rolling out of the grant offer, which can be very valuable to many farmers. Is he aware that tenants cannot make those grant applications themselves? Does he agree with his noble Friend Baroness Rock that tenants and landlords should be able to make joint applications for capital grants so that our farmers can thrive and our tenants can remain on the land?

Robbie Moore Portrait Robbie Moore
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Baroness Rock’s review produced a fantastic report with many excellent recommendations. My DEFRA colleagues and I are in close interaction with Baroness Rock and are working our way through her many recommendations. If we are rolling out schemes, it is vital that any innovation or productivity grants, along with any sustainable farming incentive schemes or others that fall under the environmental land management schemes, are available to all applicants to ensure that we can get the best out of the land that they farm.

Building on the recommendations made, the £427 million of funding for measures announced at the National Farmers Union conference doubles the investment going into productivity schemes, growing the grant offer from £91 million last year to £220 million this year. We have already awarded £120 million in grant funding to farmers through the farming investment fund and have committed £120 million to 185 projects as part of the farming innovation programme. The Government will also provide £15 million in funding to stop millions of tonnes of good, fresh farm food going to waste, by redirecting that surplus into the hands of those who need it. Together, these funds will support innovation and productivity and will improve animal health and the environment.

We will continue to work across Government to ensure that we carry out the commitments made in the UK food strategy and at the farm-to-fork summit in respect of the national planning policy framework. We want to ensure that this fully reflects our shared food security and climate and environment ambitions. The national planning policy framework sets out clearly that local planning authorities should consider all the benefits of the best and most versatile agricultural land when making plans or taking decisions on new development proposals. This point builds on the intervention from my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter). Where significant development of agricultural land is shown to be necessary, planning authorities should use poorer-quality land in preference to a higher quality.

Food supply is one of the UK’s 13 critical national infrastructure sectors. DEFRA and the Food Standards Agency are joint lead Government Departments, with DEFRA leading on supply and the FSA on food safety. We work closely with the Cabinet Office and other Departments to ensure that food supply is fully incorporated as part of emergency preparedness, including consideration of dependencies on other sectors.

In the Agriculture Act 2020, the Government made a commitment to produce an assessment of our food security at least once every three years. The first UK food security report was published in December 2021, and the next food security report will be published in December 2024. To ensure our continued food security, the Prime Minister has also announced that a food security index will be published annually—that has been welcomed by the sector—and will complement the three-yearly UK food security report. We are currently developing the content of the index, but we expect the index to present the key data and analysis needed to monitor how we are maintaining overall food security. Productivity, resilience and environmental sustainability are incredibly important to domestic food production and are a key element of our food security.

At the National Farmers Union conference, the Prime Minister also made an announcement about ensuring that we are giving internal drainage boards more support. We know how important lowland farmland is for producing food, which is why the £75 million of funding announced by the Government during the spring Budget and earlier at the NFU conference is so important to ensure that we can give our internal drainage boards the support that they need to mitigate flooding downstream as well as possible.

On health and wellbeing, I want to pick up on a point that the hon. Member for Somerton and Frome made about the Farm Safety Foundation. I know that James Chapman, the chair of the trustees, is doing an excellent job; he has been involved in the organisation since 2014, I believe. I wish him and his team well with the Farm Safety Foundation, as I know just how important that organisation is to improving not only farm safety, but the general health and wellbeing of our farming community.

The hon. Member for Somerton and Frome referred to the land use framework. I reassure her that the Secretary of State wants to ensure that food productivity is at the heart of the land use framework, which is why we are scrutinising it before it is released. Not only does it have to cover energy security, biodiversity offsetting, net zero and other measures, but we want to ensure that food security is at the heart of it before it is released. Our food security is strong, but we are not taking it for granted; we will continue to work across the supply chain to maintain and enhance it.

I thank all hon. Members who have contributed to the debate. I assure them that the Government consider food security to be incredibly important and will keep it as a top priority for the DEFRA ministerial team.

Question put and agreed to.

Delivering Rural Opportunity: Report

Robbie Moore Excerpts
Monday 18th March 2024

(1 week, 4 days ago)

Written Statements
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Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
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Today, the Government will publish their third annual rural proofing report on www.gov.uk. The report, titled “Delivering Rural Opportunity” examines the progress made in addressing the specific needs of rural communities and businesses.

In June 2023, the Department for Environment published “Unleashing Rural Opportunity”, a comprehensive plan comprising 25 key actions aimed at supporting a thriving rural England. This year’s rural proofing report will reflect on the progress made in delivering these commitments within the four priority areas outlined below.

Growing the rural economy will unlock the countryside’s rich human and natural capital, providing skills, jobs and opportunities to local communities. Since the publication of the URO, many commitments have already been achieved. In December 2023, as promised in the report, the smaller abattoir fund was launched, providing £4 million to boost competition and sustainability in the sector. Planning processes were reviewed in the consultation on permitted development rights and a Government response will be made in due course. DEFRA has also streamlined customer interactions with DEFRA’s agencies, and the services they offer, to make it easier for rural communities to engage with them.

Improving connectivity will expand the possibilities for rural businesses to grow and the opportunities that people in rural areas have. The Government committed to delivering the shared rural network, which has increased 4G coverage across Great Britain to 93%. Project Gigabit continues to make good progress, with gigabit coverage in England rising by 1.5% since September 2023. The rural connectivity accelerator, which will provide £7.3 million to test new ways to provide access to fast, reliable connectivity in remote areas for the first time by bringing together satellite, wireless and fixed-line internet connectivity is currently in the discovery phase. The Government also wants to improve connectivity between communities through improving public transport. In October, the Department of Transport published “Future of Transport”, highlighting how innovation in transport technologies and services has the potential to enhance rural transport and support a higher quality of life for people in rural areas.

It is also important that we build homes in rural areas where communities want them and provide those homes with affordable energy. That is why the commitment to include a rural exception site policy in the new national planning policy framework, published in December 2023, is so important. The “Connections Action Plan” outlines how the Government plan for transmission connection dates for viable, net zero-aligned projects to be on average no more than six months beyond the date requested by the customer, and the Government consulted last year on providing community benefits for those near transmission infrastructure. That consultation has closed, and guidance will be provided this year. Improving energy efficiency is also key to reducing costs in rural areas, and under the home upgrade grant 64% of measures installed by the scheme have been delivered by local authorities classified as rural. The second phase of the grant has allocated up to £378 million in grants ringfenced for rural local authorities.

The Government continue to support thriving rural communities. In January, it was confirmed that the rural services delivery grant will see its largest cash increase since 2018-19, and the second successive year of above inflation increases, to ensure that local authorities can deliver needs that are typically more expensive in rural areas. In February 2024, the platinum jubilee village halls fund began offering grants from £2,000 to £5,000, fulfilling our commitment in unleashing rural opportunity to make the fund accessible to smaller scale projects. The Government have also committed to preventing rural communities from becoming littered with illegal waste, laying regulations in January 2024 to ringfence the use of income from litter and fly-tipping penalties, which councils keep, for enforcement and clean up only. The regulations are due to come into force on 1 April 2024, and funding councils across the country to directly intervene at fly-tipping hotspots.

The rural proofing report goes into detail about how these commitments were achieved, and how close we are to completion of other promises. The report also examines other commitments made in recent years.

[HCWS353]

Oral Answers to Questions

Robbie Moore Excerpts
Thursday 14th March 2024

(2 weeks, 1 day ago)

Commons Chamber
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Stephen Crabb Portrait Stephen Crabb (Preseli Pembrokeshire) (Con)
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14. What recent progress his Department has made on improving water quality.

Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
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We know how important clean water is to the public, and we share their concern and outrage about pollution in waterways. That is why we have increased monitoring of storm overflows in England from 7% under Labour in 2010 to 100% today, and we are now holding water companies to account on tackling pollution by quadrupling the number of checks, increasing unannounced inspections, giving Ofwat new powers to block bonuses, and taking action against water companies that do not link dividends to environmental performance.

Mick Whitley Portrait Mick Whitley
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Households across the north-west could see their water bills rise by nearly 40% by 2030 as water companies look to consumers to meet the costs of much-need infrastructure upgrades. Do the Government agree that the cost of stemming the flow of sewage into our waterways should be met by the water companies and the shareholders who were received hundreds of millions of pounds in payouts last year, not by the hard- working British public?

Robbie Moore Portrait Robbie Moore
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The Government are absolutely clear that no one should pay extra for water companies to clean up our rivers. We are pleased that water companies have promised a £96 billion investment over the next five years across England and Wales, and we will continue to hold polluters to account. Just this week, we announced a fast-track investment of £180 million over the next 12 months to prevent more than 800,000 sewage spills from polluting English waterways.

Rachael Maskell Portrait Rachael Maskell
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We should not have an open sewer flowing through the city of York and, when it floods, flowing into businesses and people’s homes. While water company executives have pocketed £10 million in bonuses, my constituents have had to put up with 1,414 sewage releases. When will the Minister end this profiteering and invest in upgrading York’s sewerage infrastructure? How does he intend to do this?

Robbie Moore Portrait Robbie Moore
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As I said, we have already seen water companies want to invest £96 billion over the next price review cycle. I recently visited York, and work is being undertaken by Yorkshire Water to address sewage pollution spills. Ofwat has already been given powers to take a much tougher approach to bosses’ bonuses, if their companies are deemed to have been polluting. This Government will continue to hold water companies to account.

Stephen Crabb Portrait Stephen Crabb
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I welcome the action that this Government are taking to improve water quality, but in Wales, which has some of the worst levels of sewage pollution, there are no legally binding targets for the water companies to reduce sewage or to upgrade their waste water treatment plants, and there is no overall reduction plan for sewage. There are not even any prosecutions, because the policy in Wales is not to prosecute these companies. Does the Minister know which party is running the Administration in Wales?

Robbie Moore Portrait Robbie Moore
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I share my right hon. Friend’s concerns about Labour’s failure to tackle spills from storm overflows in Wales, where the average number of spills from storm overflows is two thirds higher than in England. I am not surprised by this, because we know that when Labour was last in government in 2010, only 7% of storm overflows were monitored, compared with 100% today. Ninety per cent of bathing waters are now classed as good or excellent, compared with just 76% under Labour in 2010.

Thérèse Coffey Portrait Dr Thérèse Coffey (Suffolk Coastal) (Con)
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Drinking water is treated with both ultraviolet light and chlorine before it goes into our taps, so it is perfectly safe. Water that goes through water treatment works is treated but not necessarily disinfected by the use of UV, unless it is heading towards a designated bathing water.

France is hosting the Olympics in Paris, and the Seine is being treated with performic acid. One place in this country, Southwold, is using performic acid right now, but scientists from the Department for Environment, Food and Rural Affairs and the Environment Agency have so far been reluctant to roll it out. If it is good enough for people to swim in the Seine during the Olympics, surely it is good enough to start using this treatment, which is cheaper and could be deployed across our country.

Robbie Moore Portrait Robbie Moore
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I thank my right hon. Friend for raising this important issue, and I reassure her that I am having conversations with officials not only in the Environment Agency but in DEFRA on this very issue. I am more than happy to meet her so she can share her knowledge from when she was Secretary of State.

Lindsay Hoyle Portrait Mr Speaker
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I call the shadow Minister.

Toby Perkins Portrait Mr Toby Perkins (Chesterfield) (Lab)
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It is clear from what we have heard that the Minister is here to tell us how well the Government and the water companies are doing. Meanwhile, out there in the real world, the recent “State of Our Rivers” report exposed that not one English river is in a good overall condition. The capital’s water supplier is on the brink of collapse, and the only solution that the Government are even considering was stolen from the Labour party. Is it not the truth that what Britian’s rivers really cannot afford is five more years of this useless Government?

Robbie Moore Portrait Robbie Moore
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When the Leader of the Opposition says that he would want Wales to be his blueprint if Labour gets into power in England, I fear for this country. We have seen far worse water pollution under Welsh Labour, as has already been said. We will continue with our plan for water, which is about more investment, stronger regulation and much tougher enforcement against those who pollute.

Munira Wilson Portrait Munira Wilson (Twickenham) (LD)
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4. Whether he has had recent discussions with Thames Water on its proposals for the Teddington direct river abstraction project.

Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
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DEFRA, supported by the Environment Agency, is currently seeking clarification from Thames Water on its revised draft water resources management plan to help inform the next steps for the Teddington project. The proposals are still at an early stage. Thames Water will continue to carry out further consultation over the next couple of years to help it design and carry out further environmental assessments of the scheme.

Munira Wilson Portrait Munira Wilson
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The water resources management plan for the south-east, which contains the highly controversial Teddington direct river abstraction proposal opposed by tens of thousands of local residents and river users across south-west London, has been sitting on the Environment Secretary’s desk since August. We have been calling for the Teddington proposal to be taken out of the plan, and we were told that a decision would be made by Christmas, then by February 2024, and now we are told it will be made in due course. In the meantime, as the Minister suggests, Thames Water is wasting huge amounts of billpayers’ money on the proposals, so will he confirm when the Secretary of State plans to make a decision on the water resources management plan and whether he will take the Teddington project out of it?

Robbie Moore Portrait Robbie Moore
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This follows on from a conversation I had with the hon. Lady and her constituency neighbour, the hon. Member for Richmond Park (Sarah Olney). We are well aware of Thames Water’s proposals for this scheme, which is still in a consultation stage. It is one of 17 strategic water resources options being considered across the Thames catchment, and I will be updated by Thames Water, as will the Secretary of State, when it has completed its consultation.

Tanmanjeet Singh Dhesi Portrait Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
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5. What recent estimate he has made with Cabinet colleagues of the cost to businesses of “Not for EU” labelling.

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Tom Randall Portrait Tom Randall (Gedling) (Con)
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I thank the Minister responsible for water for coming to Vale Road in Colwick recently to meet residents affected by flooding. I know that that meeting was very much appreciated. Will the Minister reassure me that he and his Department will carry on working with me to continue to improve flood defences in Colwick and across Nottinghamshire, so that the residents can sleep a little better at night?

Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
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I was glad to visit Colwick and meet residents along Vale Road to hear about the impact of recent flooding, not only on them but on residents of the wider area. I will continue to work with my hon. Friend and with Nottinghamshire County Council. This is not the only area that he is interested in; he has also been working with my right hon. Friend the Member for Sherwood (Mark Spencer) to focus on Lambley and Woodborough as well. That work will build on the £51 million that has already been allocated to Nottinghamshire County Council and is already better protecting 15,000 properties.

Imran Hussain Portrait Imran Hussain (Bradford East) (Lab)
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T7. For my constituents in Bradford, food prices have soared along with the rising cost of living. The increase has recently reached a peak of 19.1%—the biggest in almost 50 years—making it increasingly difficult for families in Bradford to make ends meet. What does the Minister have to say to my constituents, who are now paying far more for their weekly shop, not just because of inflation but because the Tory Government have failed over 14 years to implement a proper food strategy to support UK farmers, and have put in place damaging barriers to trade with the rest of Europe?

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Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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The Secretary of State is bringing forward a system of extended producer responsibility to obligate brand owners, including food suppliers, to bear the cost of recycling the packaging that they place on the market. However, in some estimates, the cost to obligated businesses will be 10 times higher than under the current packaging waste recycling note system. Given that the cost will need to be passed to consumers, does the Minister share the concern that it will contribute to food price inflation?

Robbie Moore Portrait Robbie Moore
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It was good to meet my hon. Friend just this week to discuss that issue. I encourage all those in the packaging sector, and those involved in the industry, to keep feeding information to my officials. We are reviewing EPR at the moment—we have a dedicated roll-out plan for it—but we are very keen to hear from the industry.

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Anna Firth Portrait Anna Firth (Southend West) (Con)
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Ministers are already aware of the success of my quarterly water summits, which have caused Anglian Water to beat the Government target for reducing storm overflows by five years and to pilot all-year-round testing of our bathing waters. However, one agency consistency failed to attend: the Environment Agency. Will the Minister come to the next summit and bring the Environment Agency with him?

Robbie Moore Portrait Robbie Moore
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There is no doughtier champion than my hon. Friend, who has been lobbying me on this issue. I am happy to commit to the Environment Agency attending her next summit, and I will also attend in person.

Richard Foord Portrait Richard Foord (Tiverton and Honiton) (LD)
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British farmers produce some of the very best produce in the world, but the trend in supermarkets selling it is going in the wrong direction. Will the Minister support Liberal Democrat proposals to invest an additional £1 billion in British farming, and reform environmental land management schemes so that they genuinely incentivise sustainable farming?

Andrew Jones Portrait Andrew Jones (Harrogate and Knaresborough) (Con)
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Can my hon. Friend update the House on the responses to the consultation on the 27 bids for bathing water status—one of which, of course, is for the River Nidd and the lido in Knaresborough?

Robbie Moore Portrait Robbie Moore
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My officials have been inundated with a huge number of responses to the consultations on the 27 bathing water sites. My hon. Friend is a doughty campaigner for the River Nidd; I cannot say anything at the moment, but he will not have to wait too long before hearing the outcome.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
- Hansard - - - Excerpts

Lidl has become the first supermarket to roll out a deposit return scheme across the whole city of Glasgow. Will the Secretary of State commend Lidl on doing what he blocked the Scottish Government from rolling out across Scotland?

Draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 Draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023

Robbie Moore Excerpts
Tuesday 5th March 2024

(3 weeks, 3 days ago)

General Committees
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Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
- Hansard - -

I beg to move,

That the Committee has considered the draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023.

Robbie Moore Portrait Robbie Moore
- Hansard - -

Laid in draft before the House on 17 January, the regulations amend the Packaging Waste (Data Reporting) (England) Regulations 2023. Since June last year, when those regulations were first amended, there have been developments in the collection and packaging reforms, including a 12-month deferral of the full implementation of the packaging extended producer responsibility scheme, to focus on stakeholder engagement, and a delay to the Scottish deposit return scheme. Those events have caused several issues that now require amendments to producers’ data reporting obligations.

Let me turn to the details of the first statutory instrument. The regulations introduce two key changes, but I assure the Committee from the outset that the changes being introduced are not a change of policy intent; instead, they address the delay to the Scottish DRS and stakeholder concerns. First, the SI removes the exemption from data reporting on drinks containers that would have been obligated in a Scottish DRS. The delay to that scheme, combined with the exemption from the data reporting regulations, meant that 180,000 tonnes of packaging would have gone unobligated for a number of years under both the DRS and the EPR. The amendment accounts for the development and ensures that all packaging supplied in the UK will attract a recycling obligation. The new provisions will exempt this material again once a DRS is operational.

Secondly, the SI makes changes that address stakeholder feedback on the definition of household packaging. The amendments address two key aspects, which broaden the definition to allow for more packaging to be exempt from disposal fees. The first is where packaging or a packaged product is designed to be used only by a business. An example would be a 50-litre beer keg. Under the current definition, if the beer keg is sold to a wholesaler before being supplied to the pub that uses it, the packaging would have to be reported as household packaging. However, large beer kegs are unlikely to end up in household bins. Our amendments introduce an additional test, which offers producers the opportunity to exempt such packaging from being treated as household packaging.

The second change widens that business-only exemption to include packaging or a packaged product that is supplied to public institutions, such as hospitals or schools, that is unlikely to end up being disposed of in a household bin—for example, packaging for an ultrasound scanner or restricted medicines. The amendments allow for more packaging to be fairly exempted from being defined as household packaging and therefore not attract packaging EPR disposal cost fees. However, all packaging will remain subject to packaging EPR recycling obligations through the purchase of packaging recycling evidence notes from re-processors and exporters, as it is at present.

In addition to the two key changes that I have discussed, the regulations make a number of other changes. Four of the amendments were identified not long after the original regulations came into force in early 2023. We were not able to include them in the amendments midway through the 2023 data collection year as they would have retrospectively increased the obligations. We always intended to make the changes starting from the 2024 reporting year.

The first change clarifies that the packer or filler is obligated for branded packaging if the only brand on the packaging relates to the packaging itself and not the product inside. For example, if a packer puts their product in a branded Jiffy bag but does not add their own brand to it, the packer is obligated, not Jiffy.

The second change makes it clear that where ownership for imported packaging remains with an overseas producer until it is passed to the client by a third party—or a toll manufacturer—the first person to take ownership in the UK is obligated for that packaging. This could be a supermarket or wholesaler. The amendment ensures that such packaging does not go unobligated.

The third change addresses a loophole to ensure that distributor producers retain their obligations where they sell empty packaging to large producers who then sell that packaging onwards without filling it. For example, this could be a wholesaler that sells unfilled cups to small, independent coffee shops.

The fourth change is an amendment to the seller obligation. The regulations already require reporting by nation of packaging sold from a business to a consumer. The fix in the regulations will ensure that data is also reported on the nation in which packaging is sold from one business to another business. This was always the intention, and will help to enable the tracking of recycling rates in each nation individually.

In addition, we are making an amendment that will aid distributor producers in complying with the regulations in advance of the main packaging extended producer responsibility regulations coming into force later this year. It does this by placing an obligation on the Environment Agency to publish a list of all large producers that have reported data, thereby supporting them in identifying which of their customers are obligated producers in their own right.

Finally, the SI includes some minor amendments to correct the drafting, some provisions to accommodate the transition from the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, and some changes to help to avoid the reporting on one piece of packaging by two producers. The amending regulations will apply to England only, but similar amending regulations are being progressed in Wales, Scotland and Northern Ireland. My officials have worked closely with the relevant Departments in the devolved Administrations on the development of this legislation.

I turn now to the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023, which were laid before the House on 10 January this year. Litter and fly-tipping harm the environment and blight our communities. We want to see councils making the most of their enforcement powers, including by issuing fixed penalty notices to those who litter, fly-tip or pass their household waste to someone without the proper licence. Income from such fines is retained by councils and is currently ringfenced for various functions related to waste management, including sweeping, emptying bins and household waste collection. We know, however, that in a minority of councils fixed penalty receipts are absorbed into general council budgets or spent on other neighbourhood functions.

The Government believe that the revenue received through the payment of such penalties should be reinvested into expanding or improving councils’ enforcement functions and cleaning up the consequences of this antisocial behaviour. The statutory instrument achieves this goal by amending the qualifying functions on which councils can spend income from such penalties to cover enforcement and clean-up only. By improving their enforcement capabilities, councils should be able to catch more perpetrators and deter others from offending, which should lead to cleaner streets, parks and countryside. Enforcement functions could include employing more officers, investing in CCTV and signage, and improving the use of data. Clean-up functions can include collecting and disposing of litter and fly-tipping and restoring land that has been harmed.

The statutory instrument retains the ability of the Secretary of State to make provisions by future legislation about how local authorities in England use their fixed penalty receipts. Although the new ringfence will apply to councils in England only, the instrument does include consequential amendments relevant to Wales to ensure that no changes are made to how local authorities in Wales can spend fixed penalty receipts.

The statutory instrument also makes consequential amendments to the Local Government (Structural Changes) (Further Transitional Arrangements and Staffing) Regulations 2009 to ensure that arrangements pertaining to the merging of authorities in England are not affected. Consequential amendments are also made to the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, meaning that no changes are made to how authorities can spend income from the relevant civil penalties.

To conclude, I emphasise that the measures in the first statutory instrument are crucial for enabling the effective implementation of the extended producer responsibility for packaging and realising its associated environmental benefits. The regulations in the second instrument will drive councils in England to reinvest more income from fixed penalty receipts from litter and fly-tipping into enforcement, thereby catching more offenders and keeping our communities clean. I commend the draft regulations to the Committee.

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Robbie Moore Portrait Robbie Moore
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I thank the hon. Member for Newport West for her valuable contribution to the debate. Let me address some of her points and comment on the questions that have been raised.

The first SI makes amendments that will significantly extend the household packaging exemption, but we appreciate that more work may need to be done to make it go further. In developing the definition we have reviewed and engaged heavily with stakeholders, and taken into account the established schemes that have been introduced in other countries. We are not only making sure that this legislation is rolled out here, but working closely in conjunction with the devolved Administrations before the main SI is laid before this House by the UK Government. We are also working closely with stakeholders to ensure that the definition aligns with the policy aims and needs of the sector, while balancing the requirement to create an approach that is both enforceable and fair to local authorities.

The hon. Lady asked why the SI is necessary. It includes important amendments that take account of the deferral of the packaging EPR and the delay of the Scottish deposit return scheme. The amendments also take account of feedback. We have listened to stakeholders throughout the 2023 consultation and other engagement. Not making the amendments would result in, among other things, the Scottish DRS material being unfairly obligated; double reporting by producers; and packaging being classified as household packaging where evidence to the contrary is easily available. That is why the SI is necessary.

On timing, it is understandable that producers are keen to get clarity on fees. Under the extended producer responsibility packaging regulations, producer fee rates will be set and published by the scheme administrator. The fee rates for the 2025-26 financial year will not be known until the spring of 2025, once all the producer packaging data has been received and checked. However, in the meantime, to support producers, we aim to produce illustrative fees as soon as possible.

On the risk of significant non-compliance by producers, I assure the hon. Lady and all Members that we are doing all we can to make sure that producers that are obligated to comply with the regulations are in the best position to do so. We have a comprehensive programme of engagement that is reaching out to more than 10,000 organisations through webinars and newsletters. In addition, we have published guidance on the gov.uk website.

Caroline Johnson Portrait Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
- Hansard - - - Excerpts

I am particularly pleased that my hon. Friend is tackling fly-tipping, which my constituents have raised with me as a problem, as well as dealing with people dropping litter. What does he expect it to cost businesses to comply with the packaging regulations? Does he expect that to put prices up?

Robbie Moore Portrait Robbie Moore
- Hansard - -

As I have said, we want to put businesses in the best position possible to have an understanding of the fees that are likely to be imposed on them. That is why we aim to give out indicative fees to businesses later this year, so that they can encompass them within their business models. It will be up to them to consider how that will impact any consumer when rolled out. As a Government, we aim to get the indicative fees out to industry as soon as possible so that they can best forward plan.

The hon. Member for Newport West referred to modulated fees. We are in the process of reviewing and collating the evidence we collected in the autumn of 2023 on the 13 broad types of packaging that will be shortlisted for higher fees, and we will engage further with stakeholders on that topic in the second half of 2024.

Ruth Jones Portrait Ruth Jones
- Hansard - - - Excerpts

I understand that the Minister is talking about preparation, but industry needs certainty and clarity now; it cannot talk about things now and then put them into place with just a couple of months’ notice. When will the DRS industry forum next meet? When will the complete packaging EPR framework be available for industry and local authorities?

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Robbie Moore Portrait Robbie Moore
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I will come to the DRS shortly. We engage with industry constantly on EPR and, as I said, we are aiming to get the indicative fee structure out as soon as possible. On modulated fees, we have ongoing engagement with the sector and aim to provide further clarity in the first half of this year.

The hon. Lady asked about reusable and refillable packaging. Following feedback from stakeholders, we have decided that the initial focus of the packaging EPR will be to encourage the greater use of recyclable packaging and to complete the work of putting in place a cost-effective and efficient recycling system to ensure that recyclable packaging is recycled. Further obligations are to be introduced on the use of reusable packaging, in which all producers will be encouraged to get involved and engaged.

Before I move on to the DRS, I know that the hon. Lady asked about support for councils. From 2025, the extended producer responsibility for packaging will move the full cost of dealing with household packaging waste that is generated by households from local authorities to the businesses that handle and use packaging, applying the “polluter pays” principle. Once the packaging EPR is fully operational, the shift of cost from local authorities to producers is estimated to be in the order of £1.2 billion per year across local authorities in the UK.

The implementation of the DRS will be rolled out, and we are listening to and continue to work with industry to assess the feasibility of the implementation date as more detail on the implementation phases of the scheme is developed. I stress that it is incredibly important that we get the complete interoperability of the deposit return scheme across all nations. That work and those conversations are currently happening with the devolved Administrations.

Ruth Jones Portrait Ruth Jones
- Hansard - - - Excerpts

The Minister is generous to give way again. He has talked up interoperability, which is crucial —we do not want glass bottles going one way across the border and plastic bottles going across the Scottish border—but when will it happen? The rumour is that it will be 2028; will the Minister confirm or deny that?

Robbie Moore Portrait Robbie Moore
- Hansard - -

I will not get involved in commenting on rumours, but I can say that the announcement will be made shortly.

In May 2023, the UK Government published a position statement setting out that the deposit return scheme across the UK should be interoperable to reduce the complexity for businesses and consumers. That is key because not only does the scheme need to be completely interoperable but we need to bring consumers along with us. If a DRS scheme is to be completely operational and have the influence and impact that we as a Government want it to have, we have to bring consumers along with us, which is where we are focusing our efforts before we make any further announcements. The Department for Environment, Food and Rural Affairs is working closely and at pace with the devolved Administrations on the next steps to deliver interoperable schemes across the UK. As I say, we aim to provide more clarity on that shortly.

Let me turn to the second SI, on waste enforcement. As referred to in the anti-social behaviour action plan, the Prime Minister has made it clear that councils should take a tougher approach to enforcement and make greater use of fixed penalties. The maximum fixed penalty that councils can issue has been increased from £400 to £1,000 for fly-tipping, from £150 to £500 for littering, and from £400 to £600 for householders using an unlicensed waste carrier. I reassure the hon. Member for Newport West that the Government have published new league tables to provide transparency on how councils are using their fly-tipping enforcement powers.

As I outlined, the statutory instrument will help to drive up more income from fixed penalty receipts, which will go into the building of enforcement capability and capacity in English councils, meaning that more offenders are brought to justice. As we all know, fly-tipping is a serious crime and offenders can face significant fines and imprisonment if they are convicted in court. DEFRA is working at pace on the issue. In 2021, the National Fly-Tipping Prevention Group produced a guide on how councils and others can build robust cases for prosecutions. The average court fine has increased by 12%.

On the hon. Lady’s question about litter and fly-tipping fining for profit, fixed penalty notices should never be used to raise revenue, or to punish accidental littering or those who are trying to do the right thing, when education would be a better approach. The new, tighter ringfence will send a clear message to councils and members of the public that the penalties are not a moneymaking tool for councils, but rather a tool to help them to protect public spaces. We will provide statutory guidance on the use of litter penalties and will consider including advisory statements on fly-tipping.

To conclude, I hope that I have covered most of, if not all, the points raised—

Ruth Jones Portrait Ruth Jones
- Hansard - - - Excerpts

The Minister is being very generous with his time. I do realise that I asked a lot of questions; would it be easier for me to write to him on certain things such as when the DRS industry forum will next meet?

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Robbie Moore Portrait Robbie Moore
- Hansard - -

I am more than happy to receive correspondence from all Members of this House, and will of course provide the response to any questions raised. I am happy to receive any questions in writing.

To conclude, I trust that Committee members understand and accept the need for the two statutory instruments, the first of which will make crucial changes to the Packaging Waste (Data Reporting) (England) Regulations 2023 that will ensure that drinks containers that are supplied in Scotland pick up an obligation in the same way that drinks containers supplied elsewhere do. The amendments will also widen the provisions that allow for some primary and shipment packaging to become exempt from being defined as household packaging. Finally, further amendments made through the regulations will provide clarification on producer reporting.

The second statutory instrument will drive councils in England to reinvest more income from fixed penalty receipts from litter and fly-tipping into enforcement, thereby catching more offenders and keeping our communities clean. I thank Members for their contributions and support. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024.

DRAFT WASTE ENFORCEMENT (FIXED PENALTY RECEIPTS) (AMENDMENT) (ENGLAND AND WALES) REGULATIONS 2023

Resolved,

That the Committee has considered the draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023.—(Robbie Moore.)

South West Water

Robbie Moore Excerpts
Tuesday 5th March 2024

(3 weeks, 3 days ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
- Hansard - -

I thank my hon. Friend the Member for East Devon (Simon Jupp) for bringing the matter of the performance of South West Water before the House, which has proven to be an incredibly important debate. I am disappointed in the continued poor performance shown by South West Water and its impact on our local environment.

Recently, I undertook a tour of the south-west and heard at first hand how pollution can impact coastal communities and local economies. I want it to be clear that this Government have made improving water company performance a top priority. While performance may have improved in the 2022-23 reporting year, South West Water remains one of the worst performing companies, with a long way to go still—in particular on pollution incidents and storm overflow discharges, both of which were significantly above the industry average in 2022. That is completely unacceptable. South West Water should be under no illusion: it must take urgent steps to reduce its pollution incidents significantly, as well as addressing other performance concerns, such as increasing resilience of the water supply.

Among the concerns expressed by Members, my hon. Friend the Member for East Devon raised the issue of sewage discharge into Exmouth bathing water. I have recently had discussions with him about that, and he has written to me several times. Although the condition of the bathing water is currently classified as excellent by the Environment Agency, I wish to reassure the House that the recent incidents raised by my hon. Friend are currently being investigated by the Environment Agency. It has required South West Water to provide data and information to support its investigations. It would be inappropriate for me to comment from the Dispatch Box while this investigation is ongoing, but please rest assured that the regulator will not hesitate to hold the water company to account if a breach has occurred.

The Environment Agency is also scrutinising South West Water’s overall pollution reduction plan to ensure that the company has the right plans in place to prevent future issues. I will also be personally seeking assurance from the chief executive of South West Water, Susan Davy, that the company is doing all it can to mitigate the environmental impacts and protect bathing waters both in Exmouth and across the south-west for the sake of both the environment and public health.

I am also aware of the concerns of Members and the public following high-profile sewage spills, such as those at Harlyn bay in Cornwall. I am pleased to see that South West Water has outlined an £800,000 investment in this area by 2025 to reduce surface water ingress into the combined sewer network to help reduce storm overflow spill frequencies. However, its actions are again coming too late, following years of neglecting its civic duties. This Government will not be shy of holding the company to account.

Richard Foord Portrait Richard Foord
- Hansard - - - Excerpts

Would the Minister agree that the problem is not just with one single water company but with the regulatory environment in which water companies operate? That is why at last night’s #EndSewagePollution coalition meeting, which I brought together, we had present the Rivers Trust, British Canoeing, the Angling Trust, River Action UK, Swim England, Surfers Against Sewage and the Women’s Institute. Does the Minister regret being unable to attend?

Robbie Moore Portrait Robbie Moore
- Hansard - -

I find it a huge misfortune that it is Lib Dem policy to get rid of one of the key regulators, Ofwat, as has been confirmed in this debate. We have just given Ofwat powers to take a much more robust approach to dividends and water company bosses’ bonuses, so I fear for the future of holding water companies to account if Lib Dem policy is get rid of it. This Government know that the industry needs to go further and faster to address these issues.

In 2022, data indicated that 6.47% of South West Water storm overflows spilled 100 times or more, which was twice the sector average. That is quite simply unsatisfactory. That is why we have introduced our storm overflows discharge reduction plan—the most ambitious plan to address storm overflows discharges in water company history, which will deliver £60 billion of capital investment by 2050 and target our most important sites, including bathing waters first.

The Government have also driven water companies to ensure that we now have 100% monitoring of storm overflows; that is up from 7% in 2010 under the previous Labour Administration. It was the last Labour Administration who brought out self-monitoring; we want to overturn that as we have better data from the roll-out of 100% monitoring.

However, I recognise the progress happening in the south-west. Indeed, I recently visited a pilot scheme at Combe Martin village with my hon. Friend the Member for North Devon (Selaine Saxby), where smart water butts and sustainable drainage had been introduced to better manage rainwater. That was having a positive impact. I commend my hon. Friend on the good work that she has been doing in her constituency, working together with her constituents and with campaign groups to ensure that a partnership-led approach can actively work on the ground when it comes to tackling sewage pollution.

Toby Perkins Portrait Mr Perkins
- Hansard - - - Excerpts

The Minister mentioned something that some of his colleagues have referred to. Self-monitoring was either a big problem, in which case I do not know why the Government have not got rid of it in the last 14 years, or it was not. He needs to be credible about this. If he is trying to say that self-monitoring is a problem, they should have done something years ago.

Robbie Moore Portrait Robbie Moore
- Hansard - -

That is why this Government have rolled out 100% monitoring of our storm overflows; once we have the data, we are able to hold failing water companies to account. That is exactly what this Government intend to do through our “Plan for Water”, which is all about more investment, stronger regulation and tougher enforcement.

I also wish to address some of the points made by my hon. Friend the Member for Newton Abbot (Anne Marie Morris) regarding South West Water’s resilience to drought, as I know many in the region experienced extended hosepipe bans. I am pleased to say that South West Water has informed us that, as of 22 February 2024, the Roadford reservoir is now at 100% capacity and Colliford is at 87%, showing significant improvement. The Environment Agency continues to work with the company on a range of new sources to improve resilience. I recently visited Hawks Tor, a former clay pit, that has been brought into the water supply to try to deal with some of those water resilience issues.

Many Members mentioned the issue of investment. Of course, addressing these concerns requires investment, and this responds to some of the points made by my hon. Friend the Member for Torbay (Kevin Foster). Following a DEFRA commission, Ofwat—which, it seems, the Lib Dems want to abolish—agreed to accelerate £128 million of funding to accelerate smart metering, build nutrient removal systems to improve river water quality and accelerate 15 storm overflow improvements in the Falmouth and Sidmouth catchments.

South West Water’s latest business plans include a significant £2.8 billion package of investment, which Ofwat is now scrutinising to ensure that it will truly deliver for customers and begin to turn its poor record around. Its commitments will also include achieving the lowest level of pollution incidence in the sector and significantly increasing water quality and water resilience by investment in new treatment works, reservoirs and tackling leakage. South West Water must now deliver on those ambitious plans, and this Government will hold it to account every step of the way. I look forward to my next meeting with the chief executive to be able to get an update on those plans.

I also wish to assure the House that the Government and our regulators, Ofwat and the Environment Agency, do not take underperformance lightly. As a result of failing to meet its performance commitments, Ofwat has directed South West Water to return £9.2 million to customers during the financial year of 2024-25, in addition to the £13.3 million returned in the financial year 2022-23. I again reiterate that, if the Lib Dems want to get rid of Ofwat, I am not quite sure who would be directing South West Water to do that.

South West Water was also instructed by Ofwat to produce a service commitment plan to demonstrate how it will meet the commitments made at the start of the current five-year price review period, and that was updated in November 2023. As I have said, I will shortly be meeting the chief executive of South West Water again to discuss progress on its plans and to hold the water company to account on its specific failures on pollution incidents.

When water companies fall short, we will not hesitate to hold them to account. Since 2015, the Environment Agency has secured fines of over £150 million, including a £2.1 million fine for South West Water in April 2023. Furthermore, under the action taken by this Government, we will be strengthening regulation to ensure that regulators have the tools to hold water companies to account. I want to thank all Members for their contributions today, and particularly my hon. Friend the Member for East Devon for bringing this important debate before the House.

Gordon Henderson Portrait Gordon Henderson (in the Chair)
- Hansard - - - Excerpts

The hon. Gentleman has one minute to wind up.

Water Pollution: East Durham

Robbie Moore Excerpts
Wednesday 21st February 2024

(1 month, 1 week ago)

Commons Chamber
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Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
- Hansard - -

I thank the hon. Member for Easington (Grahame Morris) for securing this important debate and welcome the opportunity to respond to some the points he has made. As we all know, our waterways are a precious resource and their management is something on which this Government have been leading the way, in taking incredibly serious action against those who pollute. In April 2023, the Government introduced our “Plan for Water”, which marks a step change in how we manage our waters. This will deliver more investment, stronger regulation and tougher enforcement to tackle pollution and clean up water. The Government have also set stringent targets to tackle sewage spills, prioritising bathing waters and sites of special scientific interest just like the Durham coast SSSI.

To improve our waterways, the Government are clear that we need to hold to account robustly those who pollute, including our water companies, as customers rightly expect us to do. Yesterday we announced that we are significantly increasing our oversight of the water industry. Every water company should expect their waste water treatment sites to be regularly inspected, which includes unannounced inspections. The number of inspections will rise to 4,000 by the end of March 2025, which is a 370% increase.

Also, on 12 February the Environment Secretary announced that Ofwat will be consulting on banning water bosses receiving bonuses if a water company has committed a serious criminal breach. Ofwat will take forward a consultation to define the criteria for a ban, which could include the prosecution of a category 1 or category 2 pollution incident—such as causing significant pollution at a bathing water site location or a conservation area—or where a water company has been found guilty of a serious management failing. The ban would apply to all executive board members and the chief executive who sits on that board, and we expect it to come into effect later this year. The Government are clear that no one should be rewarded for a serious criminal breach while managing and operating a water company, should that serious breach take place on their watch. This builds on Ofwat’s announcements last year to tighten restrictions on bonuses, using powers given to the regulator through the Environment Act 2021.

Let us be clear: tougher enforcement requires more monitoring. To ensure that robust action is taken, we are holding the water industry to account on a scale that has never been seen before. This Government are driving up monitoring and transparency to ensure that the public can see what is going on, and this starts with monitoring. This Government have achieved 100% monitoring of England’s storm overflows, which is a vast improvement on the just 7% of storm overflows that were monitored under Labour in 2010. This is a major step forward in protecting our precious water bodies as well as the communities and wildlife that rely on them. Meeting this target is a significant achievement in creating positive environmental change and an ability to hold to account the water companies that pollute.

Regarding Northumbrian Water, the water and sewerage company servicing the east Durham area, I am aware that no serious pollution incidents were recorded in 2022 or 2023. However, I am aware that there has been a concerning increase in the number of pollution incidents that have taken place over a longer period. Since January 2015, Northumbrian Water has faced three prosecutions and a total of £807,000 in fines from the Environment Agency. The most recent prosecution followed two consecutive days in March 2017 of raw sewage being released from manhole chambers in Bishop Auckland, which was completely unacceptable. Northumbrian Water is one of six water companies with live cases for potential failures at sewage treatment works that may have led to unpermitted sewage discharges into the environment. I am happy to meet the hon. Member if there are other matters that he wishes to raise.

Grahame Morris Portrait Grahame Morris
- Hansard - - - Excerpts

I thank the Minister for his response but, in terms of serious notifiable incidents, there were 184 sewage discharge water alerts in 2023, which is a huge number. I am not sure of the established definition of “serious”, but what is his view of the level of dividends being paid and of the business plans being operated by Northumbrian Water and, presumably, other privatised water companies? They are securitising assets, including Kielder Water, the biggest reservoir in western Europe, and using the proceeds to pay shareholder dividends, rather than to repair infrastructure. What is his view on that?

Robbie Moore Portrait Robbie Moore
- Hansard - -

The hon. Gentleman will have noted what I said about wanting to tighten up the bonuses paid not only to chief executives but to executive board members. Earlier this year, the Government announced tighter measures, relating specifically to environmental performance, for Ofwat to be able to challenge dividends.

Last year, to tackle storm overflow discharges, we updated our storm overflow discharge reduction plan, which sets stringent targets to reduce storm overflows. It prioritises action on overflows that discharge into ecologically sensitive sites such as SSSIs, areas of outstanding natural beauty and bathing waters. It will also drive water companies to deliver their largest ever infrastructure programme, an incredible £60 billion over the next 25 years. We are already seeing many water companies accelerating their investment in increasing the assets they oversee.

Moreover, I am aware that there are three designated bathing waters on the County Durham coastline in the hon. Gentleman’s constituency: Seaham Hall, Seaham beach and Crimdon. Substantial improvements have been made to English bathing waters in recent years. Almost 90% of designated bathing waters in England met the highest standards—good or excellent—in 2023, up from 76% in 2010, and that is despite stricter standards being introduced in 2015. These bathing waters are routinely monitored by the Environment Agency during the official bathing water season from May to September.

In 2023, two of the bathing water sites in the hon. Gentleman’s constituency were classified as good, and all met the minimum standard of sufficient. However, I recognise that two had deteriorated from the previous year’s classification. The Environment Agency will investigate the reasons for that deterioration in the region’s bathing water.

We are working closely with Ofwat and the Environment Agency to ensure that they have the tools and resources they need to hold water companies to account. We have provided an extra £2.2 million a year to the Environment Agency specifically for water company enforcement activity. Furthermore, in May 2023 Ofwat announced that its enforcement capacity will be trebled following the Government’s approval of an £11.3 million budget increase.

We have legislated to introduce unlimited penalties for water companies that breach their environmental permits, and to expand the range of offences to which those penalties can be applied. For the avoidance of doubt, this includes criminal.

In our “Plan for Water” we announced the water restoration fund, which will channel environmental fines and penalties collected from the water companies into projects that improve water environment. Further details of the water restoration fund will be announced.

This Government are going further and faster than any Government to protect and enhance the health of our rivers and seas. We expect water companies, including Northumbrian Water, to use the next five-year price review period, PR24, to set bold and ambitious plans to deliver for the people and the environment. That means security of supply, cleaner rivers and beaches, fewer leaks, fewer supply interruptions, greater water resilience—so that we see a fit future for our rivers and coastal environment—and substantial improvements to tackle storm overflows. In turn, this investment will boost economic growth and create more jobs.

Chris Bryant Portrait Sir Chris Bryant (Rhondda) (Lab)
- Hansard - - - Excerpts

On a point of order, Madam Deputy Speaker.

Thames Water: Oxfordshire

Robbie Moore Excerpts
Wednesday 7th February 2024

(1 month, 3 weeks ago)

Westminster Hall
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Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
- Hansard - -

It is a pleasure to serve under your chairmanship, Ms Bardell. I thank the hon. Member for Oxford West and Abingdon (Layla Moran) for bringing this incredibly important debate on the performance of Thames Water before the House.

Let me be clear: Thames Water’s performance is completely unacceptable, and it must take urgent steps to turn this around. Its customers deserve better, and I want to begin by assuring this House that improving the performance of all water companies, including Thames Water, and ensuring that they deliver for customers and the environment, are top priorities for this Government.

As has been raised in this debate, the performance data for Thames Water is stark. According to Ofwat, Thames Water is failing to meet its commitments to customers on eight of the 12 common performance metrics, particularly on ensuring a consistent supply of water and on its pollution instances, as the hon. Member for Oxford West and Abingdon laid out for all to see. The Environment Agency’s findings tell a similar story, with Thames Water’s environmental performance at the worst levels since 2013, with 17 serious pollution instances in 2022.

The Government and regulators do not take underperformance lightly. As a result of failing to meet its performance commitments, Ofwat has directed Thames Water to return over £73 million to customers during the financial year of 2024-25, which is in addition to £51 million returned to customers during 2022-23. There are also ongoing investigations into compliance at sewage treatment works under way by both Ofwat and the Environment Agency. While it would inappropriate for me to comment further on the specifics of those proceedings, as they are currently under way, they are a clear example of robust regulatory action to hold water companies to account by not only Ofwat but the Environment Agency.

Ofwat has directed Thames Water to produce a service commitment plan. That will require Thames Water to publicly commit to a plan for how it will start to turn its performance around. Please be assured that regulators and the Government will scrutinise those plans in detail to ensure that everything possible is being done to get the company back on track with its service delivery, environmental performance, and ensuring that customers rightly get the good supply they deserve.

Layla Moran Portrait Layla Moran
- Hansard - - - Excerpts

I have been meeting with Thames Water on this issue for years now, and every time we meet, it has a plan. Every time we meet, there is a new bit to the plan or the plan has progressed a little bit. I hear now that there is a new plan: what will be different about it? It is everyone’s interest in this House to get this to work. Can the Minister assure us that this plan will actually deliver what people want?

Robbie Moore Portrait Robbie Moore
- Hansard - -

I want to reassure not only the hon. Lady but every Member who has customers of Thames Water that the Government will hold the water company to account through the use of the regulators—the Environment Agency and Ofwat. I will shortly meet again with the new chief executive of Thames Water, which follows a meeting that the Secretary of State and I had with the CEOs of Thames Water and other water companies very recently. It also follows on from a meeting that the previous water Minister, my hon. Friend the Member for Taunton Deane (Rebecca Pow), had back in November. We want to take all these concerns seriously and deal with surge discharges, supply interruptions and internal sewer flooding, which was also mentioned by the hon. Member for Oxford West and Abingdon.

I know that Thames Water is under no illusions as to the scale of the challenge. It has recently published its revised three-year turnaround plan to address some of the concerns raised today, and while we all understand that it will take time to turn performance around, I want to be clear that I expect to see clear and measurable progress being made by the company as swiftly as possible.

Tim Farron Portrait Tim Farron
- Hansard - - - Excerpts

I want to press the Minister on the point I raised with my hon. Friend the Member for Oxford West and Abingdon (Layla Moran) a moment ago. The Secretary of State, the right hon. Member for North East Cambridgeshire (Steve Barclay), said something encouraging the other week. He said it was not right that the water companies were marking their own homework in assessing the scale of the problem. Does the Minister agree with that? More importantly, will he give us some details on the testing? There are more than a dozen water company assets around Windermere, many of which are failing, but we only know that they are failing when the water companies actually do the testing. Should it not be the case that the water companies pay for the testing but leave the Environment Agency to actually do it, so that we can have confidence that the data is independent?

Robbie Moore Portrait Robbie Moore
- Hansard - -

I will come on to that point as part of my speech. I also want to clarify that we only have to turn the clock back to 2010 to see that only 7% of storm overflows were monitored. For a Government and a regulator to hold water companies to account, they need 100% monitoring, which we achieved at the end of December last year. That is 100% monitoring of storm overflow discharges compared with only 7% in 2010.

I want to pick up on some of the specific points made by the hon. Member for Oxford West and Abingdon on bathing water status. I know how important this issue is, having campaigned in my constituency for a bathing water designation on the River Wharfe in Ilkley. The hon. Lady rightly raised the issue of the “poor” classification on her bathing water designation. I know the challenges of that, since my local bathing water designation is still classed as poor. As we both recognise, that is why it is incredibly important to have a specific plan to tackle improving the designations poor, sufficient, or even good, to bring them to an excellent rating.

At Wolvercote, the Environment Agency is currently undertaking a nationally funded joint bathing water investigation, both in Yorkshire and in the Thames region, including enhanced monitoring and DNA sampling. That will help the Environment Agency find the sources of bacterial pollution and develop plans specifically on a local catchment area approach to address them.

Thames Water also has a role to play in fixing the problem. That is why, as part of its business plan from 2025 onwards, it will identify and address additional actions needed to improve the quality of the bathing water site, which the hon. Member referred to. Although those business plans are subject to scrutiny by Ofwat, to ensure value for money for customers, I welcome those positive steps to protect people and the environment.

I want to pick up on some points made about data. We must remember that bathing water quality in England has improved significantly due to robust regulation and strong investment. In 2023, almost 90% of designated bathing waters in England met good or excellent standards. That was up from 76% in 2010, despite stricter standards being introduced in 2015.

To address the point on storm overflows: the frequency and duration of storm overflow discharges in the Thames region is completely unacceptable, though it would be unrealistic to suggest that the issue can be simply turned around overnight. Independent estimates show that eliminating all discharges nationally would cost between £120 billion and £600 billion, increasing water bills between £271 and £817 per annum by 2049.

Our storm overflows discharge reduction plan is the most ambitious plan to address storm overflow discharges in water company history, delivering £60 billion of capital investment by 2050. The Government have also driven water companies to ensure that 100% of storm overflows, of which there are about 15,000, have been monitored. Furthermore, our plan for water, which is delivering more investment, stronger regulation and tougher enforcement to clean up our water, makes a step change in how we will manage our waters, delivering for customer bill payers and for our environment.

I also want to pick up on supply interruptions, which the hon. Member for Oxford West and Abingdon referred to. I know that customers in Oxfordshire and the wider Thames region have experienced multiple supply interruptions, largely as a result of adverse weather, in the past 18 months. I understand how frustrating that can be for customers. Water companies must by law ensure a continuation of water supply throughout an emergency. Plans must cover a range of risks and include the provision of alternative water supplies. Those requirements are set out in the security and emergency measures direction 2022.

I wish to assure hon. Members and the House that, during any incident, the Department for Environment, Food and Rural Affairs engages closely with water companies to obtain accurate and timely updates on the scale, impact and response, to ensure incidents are being resolved as swiftly as possible, and that impacted customers—particularly vulnerable customers—have access to alternative sources of water, such as bottled water, when a supply interruption takes place.

I understand how pressing a problem this is for affected customers, particularly in the Thames region. For that reason, this is another issue I will raise directly with the chief executive when I meet him shortly, as we have done in relation to recent supply interruptions in the Reading area.

The hon. Member for Oxford West and Abingdon mentioned storm Henk. Extreme weather can also lead to sewer flooding, such as that experienced during storm Henk in January. I understand how difficult and distressing it can be for the public when sewage gets into their gardens and properties. Indeed, recently I spoke to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Newbury (Laura Farris); although her constituency is not in Oxfordshire, she has constituents who are part of the Thames Water region. We specifically talked about Lambourn in her constituency, where again Thames Water’s response to an incident has not been sufficiently robust. I expect the chief executive of Thames Water to update me on what it is doing in Lambourn when it is dealing with surface water flooding.

I want to be very clear that any sewer flooding is unacceptable and that Thames Water has reassured me that it plans to invest £1.12 billion in 250 sewage treatment works between 2025 and 2030, including those in Oxfordshire, to increase capacity to prevent sewer flooding from happening again. Ofwat will also assess internal sewage flooding inside people’s homes as a core performance commitment and where companies fall short of that metric they will be required to return money to customers under Ofwat’s outcome delivery incentives.

The hon. Member mentioned Abingdon reservoir. There is obviously a clear need for the water industry to improve the resilience of water supplies through new water resources infrastructure. Abingdon reservoir is subject to ongoing assessments, which will continue in the future, to develop the design and to understand the impacts of the scheme. Thames Water will need to ensure that any scheme that it builds will not only possess the resilience that we expect within its supply systems but has proper environmental benefits that can be demonstrated to its customers. Of course, any new development of this nature must also provide at least 10% biodiversity net gain, which again must be capable of being demonstrated.

Although the hon. Member did not mention it, I am also aware, from speaking to Members with constituencies that neighbour hers, about Witney sewage treatment works, so I will just use this opportunity, given that time permits, to provide an update on that. I am aware of the discharges from Witney sewage treatment works and the impact they have had on local communities. I share Members’ concerns about that and I want to reassure them that the Government and the regulator will take robust action on pollution incidents.

A criminal investigation into sewage discharges at Witney is currently being conducted by the Environment Agency, regarding significant sewage pollution incidents impacting the Colwell Brook and Emma’s Dyke downstream of Witney sewage treatment works. This was brought to my attention by the Solicitor General, my hon. and learned Friend the Member for Witney (Robert Courts). Although it would be inappropriate for me to comment in any detail, because this is an active investigation, there are significant consequences when water companies pollute the environment. For example, in July 2023, following an Environment Agency prosecution Thames Water was fined £3.3 million for discharging sewage that caused significant environmental impacts.

I also wish to assure the House that the Environment Agency is ensuring that treatment capacity at Witney sewage treatment works is increasing, meaning that the site will be able to treat more sewage before using its storm tanks, which will reduce the risk of pollution in the future. That work is due to be completed by 31 March 2025.

Furthermore, the Government are strengthening regulation. The Environment Agency can now use new powers to impose unlimited penalties, raising the previous cap from £250,000. This change came into effect at the end of last year and it will apply to water companies for a wider range of offences, following the Government’s changes to broaden the scope of the existing civil sanctions regime to remove the previous cap on penalties.

We are also increasing funding for the Environment Agency. Its funding was raised by both Members who have spoken today. We are providing £2.2 million per year specifically for water company enforcement activity, so that robust action is taken against illegal breaches of storm overflow permits. Both hon. Members said that the Environment Agency was not being given enough money, but I can reassure both of them and the House that, as I say, an additional £2.2 million per year is being given specifically to the Environment Agency to carry out enforcement action.

I have tried to go through all the points that have been raised, but I want to be as robust as I can. For the reasons that I have set out, it is therefore critical that all water companies, including Thames Water, clean up their act, behave transparently and take urgent action to improve their performance when they fall short. If they do not do these things, the Government will not hesitate to hold them to account.

Question put and agreed to.

Fly-tipping

Robbie Moore Excerpts
Tuesday 6th February 2024

(1 month, 3 weeks ago)

Westminster Hall
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This information is provided by Parallel Parliament and does not comprise part of the offical record

Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Paisley. I thank the hon. Member for Croydon Central (Sarah Jones) for tabling this important debate. I also thank right hon. and hon. Members for their contributions. I will pick up on the points that have been raised. I know from my own constituency, from Keighley and Ilkley, just how much of a nuisance fly-tipping can be in our areas and in relation to the wellbeing of our communities. It is an absolute disgrace that it happens as much as it does across all our constituencies, whether they are urban or rural environments. Fly-tipping harms the environment, blights our local communities and burdens our local economy. The estimated cost of fly-tipping to the UK was £392 million in 2018-19. The reports of fly-tipping are higher today. Local authorities reported more than a million fly-tipping instances in 2022-23 and over 80% of farmers say that they have been affected by fly-tipping on their land. We are all familiar with the financial implications when they are left to deal with the consequences of waste left on their property.

In recent years, we have given councils tougher powers and grants to tackle fly-tipping hotspots, and have worked with stakeholders to co-design a fly-tipping toolkit to help landowners, councils and businesses to tackle common issues. The latest statistics may show that the tide is beginning to turn, with fly-tipping on public land down for the second year running, but we know that there is much more to do.

I want to turn to some of the key themes raised in the debate, before picking up on some of the ideas that the hon. Member for Croydon Central proposed. In March last year, the Prime Minister published the antisocial behaviour action plan, which sets out the steps the Government would like to take to support councils to take tougher action to deter people from fly-tipping, and punish those who have done so.

The Department for Environment, Food and Rural Affairs has been delivering against those commitments at pace. In July, the maximum penalty councils can issue for fly-tipping was increased significantly from £400 to £1,000. We also increased the penalty for householders who gave waste to a fly-tipper from £400 to £600. That builds on other powers that councils have, such as the ability to seize vehicles suspected of being involved in fly-tipping.

Gavin Williamson Portrait Sir Gavin Williamson
- Hansard - - - Excerpts

I thank the Minister for pointing out that the amount councils can charge in a fixed-penalty fine has gone up. Would the Minister look at that, so that instead of £600 it could be £2,000 or £3,000 and is a real disincentive to fly-tipping?

Robbie Moore Portrait Robbie Moore
- Hansard - -

I was about to come on to that point. My right hon. Friend makes an important point, but the challenge at the moment is that, although that power is available to many local authorities, the uptake in prosecutions is not there, even at the higher rate of £1,000. Many local authorities do not issue any prosecutions in a year. We have to ask why a power that is available to many local authorities is not being used. Rather than simply look at increasing the penalty, the first step of deterrence must be to ensure that local authorities use the powers awarded to them.

I am pleased to see that some councils such as Buckinghamshire Council and West Northamptonshire Council have begun to adopt those higher rates, showing that those crimes are being taken seriously in those areas. We want councils to make greater use of the income they receive from those penalties. From 1 April, that income will be ringfenced in law, to improve and expand enforcement capability, and clean up mess from fly-tippers. Local authorities will be able to ringfence for those offences if they wish.

We have also increased scrutiny of how councils are using those powers through the publication of our fly-tipping enforcement league tables, which are now in their second iteration. Those show that some councils are already taking the fight to these criminals. As I have said, however, some councils, with significant fly-tipping issues, are barely scratching the surface, and are not issuing any fixed-penalty notices in the first place. We have to ensure that those penalties are imposed, to create a deterrent. The Department has written to those councils, reaffirming expectations that they should take tougher action, and encouraging them to reach out to others to learn how better to tackle fly-tipping.

The overarching goals of enforcement should be to change the behaviour of those who offend and to deter others from doing so. It has been our long-standing position that penalties should never have to be used to raise revenue, but when they are utilised we expect that local authorities can ringfence those funds to help to cement our priority of reducing fly-tipping waste.

Fly-tipping is a serious crime, and offenders can face an unlimited fine and imprisonment if convicted in court. It is right that councils use the full extent of these powers to prosecute where appropriate, and we are helping them to do that effectively. We have engaged legal experts and worked with the National Fly-Tipping Prevention Group to produce a guide in 2021 on how councils and others can build robust court cases—and I am pleased to see that the average court fine has since increased by 12%. We will continue to explore other options to further strengthen sentences, such as working with magistrates and judicial colleagues, to raise awareness of the severity of fly-tipping and the harm it causes.

We are also funding councils across the country to directly intervene at fly-tipping hotspots. Across two rounds of fly-tipping grant schemes we have now awarded £1.2 million to help more than 30 councils. However, it is disappointing that some councils want to close their household waste and recycling centres. Indeed, in my own constituency of Keighley, Bradford Council wants to close a household waste and recycling centre in Ilkley, and the Sugden End HWRC in the Worth valley. The hon. Member for Somerton and Frome (Sarah Dyke) mentioned this issue as well.

I would urge local authorities to look at the negative consequences associated with fly-tipping as a result of closing household waste and recycling centres. I would urge them to keep those centres open, because the negative financial consequences could outweigh the positives.

Sarah Dyke Portrait Sarah Dyke
- Hansard - - - Excerpts

My point was that local councils are being forced to close household waste and recycling centres because of the lack of funding. Many councils are now in a financial crisis and on a cliff edge; they are having to make some very stark, difficult and heartbreaking decisions.

We know in Somerset—a very rural area—how important those household waste and recycling centres are. Closing them is the last thing the council would like to do, but it needs the funds to keep them open and ensure we prevent fly-tipping in the beautiful area we live in. I urge the Minister to consider giving councils more funding to ensure that we can keep those household waste and recycling centres open, and avoid any detriment for our countryside.

--- Later in debate ---
Robbie Moore Portrait Robbie Moore
- Hansard - -

I thank the hon. Lady for her interventions, but I would add that councils need to look at the negative implications associated with the financial cost of increased fly-tipping as a result of closing household waste and recycling centres. That will be a cost to the taxpayer that local authorities should pick up. Closing household waste and recycling centres should be an absolute last resort, and it is frustrating to see that option being explored, particularly in my own area.

In addition, many councils are installing CCTV in hotspot areas, with others using funds to place physical barriers such as fencing in those areas. Case studies have been published so that councils can learn from others about where those interventions have been most successful. For example, in the area covered by Durham County Council fly-tipping has been reduced by over 60% in places where CCTV was installed on existing lighting columns, and Dover District Council has seen a 100% reduction in fly-tipping at hotspots where beautification measures, such as planters, have been installed.

That brings me to the point made by the hon. Member for Croydon Central. We need to take a partnership-led approach where we work not just with local authorities but with the police and community organisations to identify hotspot areas and ensure that we take a collective approach to tackling fly-tipping and other negative consequences, which can lead to crime in those areas. We have pledged £1 million of further support for local authorities, which will be awarded in the spring, to help even more councils to deal with this issue.

Of course, it is not all down to councils. We work with the National Fly-Tipping Prevention Group, which includes organisations such as the National Police Chiefs' Council and the Environment Agency, to identify issues and create the tools that organisations need to tackle this issue. That includes a guide on setting up and running effective local fly-tipping partnerships, drawing on the success of members such as the Hertfordshire Fly Tipping Group, where information sharing between partners allows for predictive mapping of hotspot sites, and the Kent Resource Partnership, where partnership working led to the recent closure of the Hoad’s Wood waste site due to illegal dumping. The point is that it takes all organisations working in partnership to drive down the negative implications of fly-tipping.

Members have mentioned the negative implications of fly-tipping for our rural areas, and we appreciate the difficulty and cost for landowners. Through the National Fly-Tipping Prevention Group, we work with stakeholders such as the National Farmers Union and the Country Land and Business Association to promote and disseminate good practice, including how to prevent fly-tipping on private land. However, we recognise that there is much more to do, which is why we committed in our “Unleashing rural opportunity” paper to fund a post within the National Rural Crime Unit to explore how the role of the police in tackling fly-tipping can be optimised, with a focus specifically on rural areas. That will include training for police officers and work on intelligence sharing across borders. I suspect that my right hon. Friend the Member for South Staffordshire (Sir Gavin Williamson) and others realise that there are complications when acting across borders, particularly in rural environments, and that collective sharing of intelligence is incredibly important for tackling waste crime. Yesterday I was pleased to welcome PC Phil Nock to his new role, which deals with this specific issue.

Citizens have a vital role to play in tackling fly-tipping, as nearly two thirds of such incidents involve household waste. To help people dispose of their rubbish responsibly, we recently banned charges for household do-it-yourself waste at local household waste and recycling centres, enabling householders to take DIY waste there free of charge. Householders must check the register of waste carriers to avoid giving their waste to illegal man-and-van operators, who promise quick, cheap waste collection but only go to dump their waste on private property or on our streets. Councils can fine individuals who give their waste to a fly-tipper, and I have mentioned that the cost has increased from £400 to £600. We have also worked with the National Fly-Tipping Prevention Group and communications experts within government to produce tools to help councils and others raise awareness of the household and business waste duty of care. These tools will be published in the spring and build on communication materials available on the National Fly-Tipping Prevention Group website.

Educating households and businesses about the importance of using registered waste carriers should reduce the amount of waste handled by rogue operators. As well as reducing the burden on local authorities’ budgets of cleaning up fly-tipping on public land, it could help to protect private landowners, who are also victims of fly-tipping. Our upcoming reforms to how waste carriers, brokers and dealers are regulated, and the introduction of mandatory digital waste tracking, will make it easier for regulators to identify where waste is mishandled and take action. In particular, the requirement for waste carriers to place their permit number on advertising will make it easier for the public and others to identify illegal waste operators and report them.

I want to pick up on a couple of the suggestions made by the hon. Member for Croydon Central. She mentioned a wall of shame, which I have seen operate in other local authority areas across the country. Personally, I think that is a good idea, but it is already in the gift of local authorities. As she identified, it has been utilised in Merton and other areas. That is good, because it is about holding individuals to account in their local area.

The hon. Lady mentioned mega-skip days. The only thing I would say is that we do not have control over what waste is going into the skips, and we want to encourage as many people as possible to use household waste and recycling centres. However, it may be something that local authorities want to explore in certain hotspot areas.

The Government are committed to continuing to drive down fly-tipping on our streets and in our countryside. Through tough enforcement and regulation, better education and improved infrastructure, we will put a stop to waste criminals.

Question put and agreed to.

Draft Water Industry (Special Administration) Regulations 2024 Draft Water Industry Act 1991 (Amendment) Order 2024

Robbie Moore Excerpts
Tuesday 6th February 2024

(1 month, 3 weeks ago)

General Committees
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Robbie Moore Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Robbie Moore)
- Hansard - -

I beg to move,

That the Committee has considered the draft Water Industry (Special Administration) Regulations 2024.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider the draft Water Industry Act 1991 (Amendment) Order 2024.

Robbie Moore Portrait Robbie Moore
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Vickers. The two statutory instruments are part of a package that updates the water industry special administration regime legislation. The package is made up of two commencement orders and three statutory instruments. The first commencement order was made on 11 January, and the two affirmative statutory instruments that we are debating today were laid in draft on 15 January. The second commencement order and the negative resolution statutory instrument will follow shortly after the affirmatives are debated.

The purpose of the statutory instruments is to enable the Government to facilitate a more effective water industry special administration regime. They apply both to England and to Wales, and Welsh ministerial consent has been secured where necessary. The Government already have powers in the Water Industry Act 1991 to apply to the High Court for a special administration order. However, updates are required as the current legislative regime is outdated and largely modelled on the Insolvency Act 1986, which has since been modernised. The most notable legislative updates were the Enterprise Act 2002, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (England and Wales) Rules 2016.

Updates to insolvency legislation are not automatically applied to the water industry special administration regime legislative framework. Instead, the Government must assess how to adapt the insolvency law changes to each industry-specific special administration regime, and legislation relating to those regimes is laid periodically. Recent examples are the Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 and the Energy Act 2023. It is vital that the Government are prepared for a range of scenarios, particularly regarding the continued provision of public services, which is why an updated the water industry special administration regime is so important.

The two main grounds on which a water company can enter special administration are unchanged by this legislation. Those grounds are: first, insolvency, when the company may be unable to pay its debts or its liabilities are greater than its assets; and secondly, performance, when the company has failed to carry out its statutory functions or licensed activities to such an extent that it is inappropriate for it to continue holding its appointment or licence. Under a special administration regime, customers’ water and waste water services will continue to be provided.

The draft Water Industry Act 1991 (Amendment) Order 2024 implements hive-down provisions by amending schedule 2 to the 1991 Act. Schedule 2 makes provision about transfer schemes upon the termination of an appointment or the transfer of a licence for a water industry company, and is amended by the order to include provisions about transfer schemes in cases where there is a transfer by hive-down. The amendment is necessary to ensure that the hive-down provisions commenced last month by the Flood and Water Management Act 2010 (Commencement No. 10) Order 2024 are fully operable. Hive-down is a common commercial restructuring practice to ringfence value and attract potential buyers. The amendment allows the administrator to hive down the regulated business to a subsidiary in order to protect its business and facilitate a sale process that may be more attractive to a potential buyer.

The draft Water Industry (Special Administration) Regulations 2024 will disapply and modify general insolvency provisions as they apply in relation to water companies, including licensed infrastructure providers and special administration orders made in respect of water companies under the 1991 Act. The regulations make general modifications to the 1986 Act and other enactments about insolvency provisions, alongside specific modifications to schedule B1 to the 1986 Act. The amendments adapt parts 26 and 26A of the Companies Act 2006 via specific modifications for the purpose of the water industry special administration regime, and amend section 26 of the 1991 Act and schedule 1 to the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013.

In addition, the regulations will give the Government the power to lay a negative statutory instrument in the coming weeks that will revoke the Water Industry (Special Administration) Rules 2009, replacing them with updated special administration rules for water companies based on the Insolvency (England and Wales) Rules 2016. Thus, the statutory instruments will upgrade the water industry special administration regime legislation to ensure that if a water company is ever required to go into special administration, a modern, efficient water industry special administration can be implemented.

--- Later in debate ---
Robbie Moore Portrait Robbie Moore
- Hansard - -

I am grateful to the hon. Members for Kingston upon Hull West and Hessle and for Bath for their important contributions, although I must say it was good that they eventually came back on to the script, so to speak. The statutory instruments will enable the Government to facilitate a more effective and efficient water industry special administration regime, ensuring that they are prepared in all eventualities to ensure uninterrupted provision for vital public services.

Let me briefly address some of the questions and points raised by the hon. Member for Kingston upon Hull West and Hessle. Before I get into the detail, I should say that I was pleased to hear her reference self-monitoring, because that was brought in by the Labour party when it was in power, in a water industry Act. We have increased the amount of monitoring that we are doing from 7% in 2010 to the 100% that we saw rolled out in 2023.

I will get back to the point. We are taking clear and decisive action to improve water quality. Our plan for water is delivering more investment, stronger regulation and tougher enforcement for our water system, and we are clear that water companies must not profit from environmental damage. Through that plan, we will transform our management of water systems, deliver cleaner water for nature and people, and secure a plentiful water supply.

The hon. Member for Kingston upon Hull West and Hessle made reference to storm overflows, so let me clarify the amount of investment going into them. Our plan for water sets stringent targets on companies to improve storm overflows, which will drive the largest infrastructure programme in water company history, with £60 billion of capital investment over 25 years. We are clear that the volume of sewage being discharged into our waters is utterly unacceptable. However, storm overflows cannot just be switched off, as some have suggested; they are an automatic feature designed to stop sewage backing up into our properties.

We introduced the statutory instruments to update the existing regulations set in place under the 1991 Act so that, should we get to a scenario in which we need to utilise the special administration regime, we are in a position to do so. I will clarify that since privatisation the private water sector model has unlocked about £215 billion of investment; I raise that point because the hon. Member for Kingston upon Hull West and Hessle referenced nationalisation. Since privatisation that has been equivalent to about £6 billion being invested annually, which is almost double the pre-privatisation level.

Emma Hardy Portrait Emma Hardy
- Hansard - - - Excerpts

Will the Minister give way?

Robbie Moore Portrait Robbie Moore
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I will carry on for now.

The hon. Lady quite rightly asked how customers may be impacted should a special administration regime be put in place. We will always act to protect customers as a priority, and any intervention that would put pressure on the public purse would be considered seriously and as a last resort. Dividends are an important part of the investor return and should provide an adequate return that reflects company performance. If a company did not pay its dividends, it would struggle to access the finances to fund investment, impacting on the service for future customers.

In each year since privatisation in 1989, investment has been greater than the dividends paid, but a sustained level of investment in the water industry will continue only if the shareholders of companies can expect a fair return. Companies must pay for new investment up front, so need to secure a large amount of funding to pay for that. To avoid customer bills increasing drastically to pay for that, companies may secure money by raising debt or equity, or through shares in the company or investors.

The hon. Lady also asked whether a company in special administration will have to adhere to the same standards as the rest of the sector. The answer simply is yes. The special administrator will manage the affairs, business and property of the company according to the same statutory obligations as any other water company.

To build on that, the hon. Lady also asked for clarity on whether a water company could be placed in special administration. In general, special administration can be applied for on insolvency grounds, when the company might be unable to pay its debts or when liabilities are greater than its assets—as I said in my opening remarks—or in instances where water companies are in serious breach of their principal statutory duties or an enforcement order.

Emma Hardy Portrait Emma Hardy
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The Minister mentioned the failure to fulfil statutory duties, but will he confirm whether a violation of environmental law constitutes a failure to fulfil statutory duties?

Robbie Moore Portrait Robbie Moore
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Every water company is specifically regulated by the Environment Agency, as well as Ofwat. The Environment Agency will have powers if water companies are owned and operating under the regime they operate under now, or should they enter special administration.

On the hon. Lady’s point about Ofwat, it is clear from Ofwat’s performance report that there has been marked decline in performance over the past year. That has been driven by company-specific factors, but also by the effects of extreme weather, including the unusually hot and dry summer we had. The Environment Agency and Ofwat have powers of enforcement, and those powers will not change under a special administration regime.

I have addressed the points that were made, so I commend the draft statutory instruments to the Committee.

Question put and agreed to.

Draft Water industry Act 1991 (Amendment) Order 2024

Resolved,

That the Committee has considered the draft Water Industry Act 1991 (Amendment) Order 2024.—(Robbie Moore.)