Water (Special Measures) Bill [Lords]

Tim Farron Excerpts

2nd reading
Monday 16th December 2024 Commons Chamber

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a great privilege to speak on this Bill on behalf of my party, and a still greater privilege, I dare say, to speak as the Member for Westmorland and Lonsdale, which includes Windermere, Ullswater, Coniston Water, Haweswater, Rydal Water, Grasmere, Elterwater, Esthwaitewater, Brotherswater, the River Kent, the River Eden and much of Morecambe bay. We are a stunningly beautiful part of the country, and also one of the wettest. For us, water is unavoidable and precious. It is precious to our biodiversity, our heritage and our tourism economy.

As the House may have noticed, the Liberal Democrats chose to make water the centrepiece of our election campaign. So much so that my right hon. Friend the Member for Kingston and Surbiton (Ed Davey) spent much of the campaign in the stuff. We continue to champion a radical restructuring of our water industry, because water is the most vital of resources and because we cannot allow a continuation of the poor regulation, wanton pollution and abuse of power that became hallmarks of the water industry under the Conservative Government.

There is much to welcome in this Bill, including criminal liability for chief executives who are responsible for severe environmental failure—a measure that I remind colleagues was proposed by the Liberal Democrats before the last election, and that Labour refused to support at the time because it believed the measure to be unnecessary. We are pleased that Labour now agrees with us.

We are also encouraged by the proposals to increase some of Ofwat’s powers, to introduce a fit-and-proper-person test for chief executives, to institute an automatic fining system that makes sense, to install real-time monitors, and to create greater data transparency. All these measures are welcome, and they will all help, but they do not yet amount to the radical structural transformation that is so obviously needed.

The recent announcement of Sir Jon Cunliffe’s review is welcome, but it is also kind of frustrating. It suggests that the Government might well be up for a more radical change, just not yet. The review will not conclude until next summer, of course, after which many people, including in the Treasury, will need to go over its proposals before it hopefully makes it into a King’s Speech, running the risk that the more ambitious part 2 might not find its way on to the legislative timetable in this Parliament.

Of course, fixing the entire water industry and sewerage system is not an overnight job, but this feels like an especially ponderous way to solve such an urgent and pressing issue.

[Dave Robertson (Lichfield) (Lab)]

The hon. Gentleman talks about the perils of acting too slowly, but given that a Liberal Democrat was in charge of the water industry when it was privatised, does he not think that we might all be paying the price for the error of acting too quickly in that instance?

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[Tim Farron]

Unless, to my absolute surprise, the Liberal Democrats were in power in the 1980s and early 1990s, I do not think that could have been the case. I was at university with the hon. Member for Carlisle (Ms Minns) when it happened, and neither of us was in government at the time.

The British people rightly believe that they voted for a far more ambitious plan than the one in the Bill, and they believe that they voted for it to be delivered urgently. The biggest mistake that Labour Governments tend to make is not being ambitious enough, presumably under the impression that they will be in power for longer than they perhaps might be, so my friendly advice to the Government is to seize the day and seize the moment. The millions who voted Liberal Democrat at the election absolutely did vote for ambitious and urgent change.

[Gideon Amos (Taunton and Wellington) (LD)]

Does my hon. Friend agree that the water companies need to be regulated, to protect not profits but the environment? Does he also believe that bathing waters, like the wonderful Tone bathing water in which I was swimming the day before yesterday, should not automatically be de-designated?

[Tim Farron]

I commend my hon. Friend for his swimming activities, and I agree with him. The regulatory framework should be used to improve our waterways, not to strip them of their vital designations. We take the view that it is our job to campaign with energy and passion for a radical clean-up. We are determined to keep our word to the voters by fighting for that action.

I will take a quick moment to say something that I feel is most important. The people who work on the frontline in our water industry, and those who work for the Environment Agency and Ofwat, deserve our thanks and admiration—yet, because of the failings of the system, they end up taking the blame that ought to land here in this place. The legions of people running our water system do a vital job, so I want us to get the tone of this debate right. We can be rightly outraged about how our water industry is allowed to operate, and at the same time be hugely grateful to those who, despite the system, do outstanding work to serve our communities. I want those people to know, and to hear, that we really value them. They are a blessing to us. They are not the problem; the system is. We are determined to fight for a better system for all those people to work in.

[Adam Jogee (Newcastle-under-Lyme) (Lab)]

In a previous life, I drafted many of the amendments to the Environment Act 2021. I am sorry that the shadow Secretary of State would not let me intervene on her, and I am further sorry that she and most of her colleagues voted against every single one of those amendments. The hon. Gentleman was very kind and wisely voted for them. Although Conservative Members now talk about regulation, all the previous Government did was cut the regulator off at its knees, and we are now dealing with the consequences of their inaction and decisions.

[Tim Farron]

I thank the hon. Gentleman for his service in a previous life, as well as in this one. He makes a very important point, to which I will turn in a moment. There is no point having great regulatory powers if we do not have a regulator with the resources to do the job that it needs to do. Nevertheless, regulation could be made better.

Water industry regulation is split between the Environment Agency and Ofwat, and that plainly does not work. We have two inadequately resourced regulators, with inadequate powers, being played off against each other by very powerful water companies that are far better resourced and able to run rings around the very good, but very harassed people whose job it is to hold them to account. I welcome the concession made in the Bill requiring Ofwat to contribute towards meeting the targets of the Environment Act 2021 and the Climate Change Act 2008. That is a step in the right direction because I believe it will be the first time that Ofwat will have proper environmental obligations, alongside its business obligations.

We have received promises, as the Secretary of State set out from the Dispatch Box earlier, that this Government will strengthen Ofwat’s powers in ways that we do not see on the face of the Bill. For instance, Liberal Democrat peers asked the Minister to confirm that the Government would ban water company bosses getting bonuses when their company had had a major category 1 or category 2 sewage incident the year before, and the Minister in the other place said:

“These are the type of circumstances in which it would be highly inappropriate for a bonus to be awarded.”—[Official Report, House of Lords, 20 November 2024; Vol. 841, c. 247.]

That is very welcome, but it is not on the face of the Bill.

I pay tribute to my Liberal Democrat colleagues in the other place, who forensically engaged with the Bill to make it much better. I also pay tribute to the collegiate and constructive manner in which the Minister, Baroness Hayman, worked with them. To be clear, though, the Liberal Democrats would go even further and create a unified and much more powerful regulator, the clean water authority, absorbing the regulatory powers of Ofwat and the Environment Agency, but with many additional powers, including revoking the licence of poorly performing water companies swiftly, forcing water companies to publish the full scale of their sewage spills, reforming water companies to put local environmental experts on their boards, and putting robust, legally binding targets on sewage discharges.

On the issue of discharges, we welcome the change to require data from emergency overflows to be published within an hour of a discharge. That will require companies to monitor all emergency sewage overflows and to ensure that data is reported to the Environment Agency within the hour. To pursue the point made by the hon. Member for Newcastle-under-Lyme (Adam Jogee), my concern is that the Environment Agency is already massively overwhelmed. In my constituency, I see good people working very hard, but with Coniston, Windermere, the River Eden and the River Kent competing for time, attention and resource, as well as the ongoing work of building flood defences in Kendal, it is hard for them to be able to focus.

[Anna Dixon (Shipley) (Lab)]

The hon. Gentleman talks about the Environment Agency being under-powered and under-resourced. With rivers like the River Wharfe, it has clearly failed to address illegal discharges and to enforce the law. Does he, like me, welcome the fact that the Bill will introduce more support for enforcement by allowing the Environment Agency to recover the cost of any enforcement from the offending water companies?

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[Tim Farron]

Yes, to a degree. I thank the hon. Lady for her intervention; it is very welcome, as is the investment that is promised and the way in which it will be provided, but—and I am happy to be put right on this—I think the figure used by the Government is an additional 500 members of staff for the Environment Agency. That is one per constituency in England and Wales. That will not make a noticeable difference. In practice, the Bill could well permit a continuation of the current situation, where water companies will be setting and marking their own homework, with an Environment Agency without the capacity to even manage its current workload, let alone the new duties the Bill will give it to monitor masses of important overflow data. The regulator must be much better funded to do that well. Even then, the regulation rules must be watertight for the Environment Agency to ensure that the water companies cannot pick and choose which information they release or retain.

The Minister indicated that the data will be made publicly available and easy to access. I look forward to hearing more detail about how that will be done. That could be a positive move, allowing citizen scientists and campaign groups—such as the wonderful Clean River Kent Campaign group, the Eden Rivers Trust, the South Cumbria Rivers Trust and the Save Windermere campaign, as well as many others from other communities —to be able to hold the water companies to account to a greater degree. After all, knowledge is power. We are keen to encourage the Government to move forward with that.

We would also like to see water companies publish the volume and concentration of discharge from all emergency overflows, not just their duration and frequency. Will the Minister consider including that duty? And should we really have water companies installing and maintaining their own monitoring equipment? We believe that the Environment Agency or its successor should be doing that, with the full cost of that work paid for by the water companies.

The Bill makes almost no attempt to address the structure of finances and ownership of the water industry. The Minister has indicated that the Bill will seek to change the culture of the industry, which would be welcome, but cultural change will only come with a change to the reckless profiteering that has been the norm. As right hon. and hon. Members on the Conservative Benches have said, Lord Cromwell in the other place tabled an amendment requiring annual updates from water companies on any financial restructuring that they have done or plan to do. It cannot go unacknowledged that financial stability and good governance seriously affect the environmental standards that any water company is able to reach. I am grateful to my hon. Friends the Members for Witney (Charlie Maynard) and for Bicester and Woodstock (Calum Miller) who made those points in relation to Thames Water.

I am grateful to my noble Friend Baroness Bakewell for tabling a Liberal Democrat amendment to the Bill in the Lords to create special status, with special protections, for Windermere as an exemplar of the standards we will expect in our waterways across the whole country. The Campaign for National Parks’ health check report, which was released earlier this year, found that only five out of the 880 bodies of water in the national parks of England and Wales met the highest ecological standards, and that every single one was polluted to some degree. Windermere itself received 140 million litres of pollution in the last two years. Amendments tabled in the Lords, which we will table here also, will seek to tackle that. Water industry leaders must be forced to take responsibility for the care of these world class lakes and waterways, and our amendments to the Bill would ensure that they do so.

Although the privatisation of the water industry was an incredibly bad decision and definitely did not happen on our watch, I am not convinced that renationalisation would be necessary or a good use of public money. I fear it would mean that we would have to buy the assets back, putting taxpayers’ money into the pockets of those who have already made so much money out of them, without a single penny of that money going into improving infrastructure. Instead, it seems wiser to move away from the current model and to ensure that water companies should be community benefit corporations, so that all revenue goes into keeping environmental standards higher and solving the long-term problems of our networks. None of our constituents should have to pay for company debt. These were business decisions, taken by those who took risks to make money, rather than to invest in our sewage systems; they should bear the consequences of those risks.

The current regulatory framework seems to leave water companies immune from the highest penalties, despite their repeated failure to meet their basic obligation to prevent sewage from being dumped in our lakes, rivers and coastal areas. The current rules mean that, under special administration procedures, to remove a water company’s licence to operator would mean the regulator serving a 25-year notice on them. That is why we are disappointed that the Bill does not go as far as we want, or as far as so many water campaigners have asked for it to go.

The Cunliffe review gives us hope of a more radical set of proposals to come later in this Parliament, but our communities are impatient for change—a change more radical than this Government are so far willing to offer us. Although we see nothing in the Bill to disagree with and much in it to commend, we are left frustrated that any radical transformation will be at best delayed until a second instalment, after Sir Jon Cunliffe’s review.

[Robin Swann (South Antrim) (UUP)]

The hon. Gentleman references Sir Jon Cunliffe, and I thank the Secretary of State for commissioning the review. Does the hon. Gentleman agree that Sir Jon’s review should look across the United Kingdom, because Northern Ireland Water is both a Government-owned company and a non-departmental public body and I assure the House that the water quality in Northern Ireland, especially in Lough Neagh, is nothing to be celebrated either. Should not Sir Jon Cunliffe’s review look at how all bodies regulate their water systems, so they serve the public?

[Tim Farron]

I think two things. I respect the devolution settlement and think it is important that we do not overstep what we are called to do today. I also, however, agree that the waterways of all corners of our United Kingdom are precious and must be protected. I thank the hon. Gentleman for raising that point.

To conclude, the job of the Liberal Democrats is to be the constructive opposition in this place, and to now use Committee stage to inject into the Bill the ambition and urgency that we feel is currently lacking. To millions of people out there who care deeply about our waterways, the problems are obvious and so are many of the solutions. We call on the Government to accept the amendments that we will table in Committee in good faith, to act ambitiously and comprehensively, and to do so without delay.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call Helena Dollimore, a member of the Environment, Food and Rural Affairs Committee.