House of Commons Hansard Debates for 28 Jun 1995

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(8) Subsection (7) above does not require the waste regulation authority to consider any representations made by a person after the date specified in the notice served on him under subsection (3) above as the date by which his representations in relation to the condition or its possible effects are to be made.

(9) A waste regulation authority may postpone the service of any notice or the consideration of any representations required under the foregoing provisions of this section so far as the authority considers that by reason of an emergency it is appropriate to do so.

(10) In subsection (3) above, "owner" has the same meaning as it has in subsection (3) of section 36A above by virtue of subsection (8) of that section.".'.

No. 94, in page 293, line 9, leave out `(12)' and insert `(9) (power to require certain measures to be taken where licence suspended) there shall be inserted--

"(9A) A requirement imposed under subsection (9) above may require the holder of a licence to carry out works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him under that subsection. (9B) Subsections (2) to (8) of section 36A above shall, with the necessary modifications, apply where the authority proposes to impose a requirement under subsection (9) above which may require the holder of a licence to carry out any such works or do any such thing as is mentioned in subsection (9A) above as they apply where the authority proposes to issue a licence subject to any such condition as is mentioned in subsection (1) of that section, but as if--

(a) the reference in subsection (3) of that section to section 35(4) above were a reference to subsection (9A) above; and (b) any reference in those subsections--

(i) to the condition, or the condition in question, were a reference to the requirement; and

(ii) to issuing a licence were a reference to serving a notice, under subsection (12) below, effecting the requirement.

(9C) The authority may postpone the service of any notice or the consideration of any representations required under section 36A above, as applied by subsection (9B) above, so far as the authority considers that by reason of an emergency it is appropriate to do so."

(2) After subsection (12) of that section (revocations and suspensions etc. to be effected by service of notice)'.

No. 179, in page 298, leave out lines 2 to 7 and insert-- ` "(1A) No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state.

(1B) Land is in a "contaminated state" for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that--

(a) harm is being caused or there is a possibility of harm being caused; or

(b) pollution of controlled waters is being, or is likely to be, caused;

and in this subsection "harm", "pollution of controlled waters" and "substance" have the same meaning as in Part IIA of this Act.".'.

No. 203, in page 299, line 8, leave out

`Subject to sub-paragraph (5) below,'.-- [Mr. Atkins.]

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Amendment proposed: No. 95, in page 303, line 26, at end insert--

` . After section 93 of that Act (interpretation of Part III) there shall be inserted--

"PART IIIA

PROMOTION OF THE EFFICIENT USE OF WATER

Duty to promote the efficient use of water

93A.--(1) It shall be the duty of every water undertaker to promote the efficient use of water by its customers.

(2) The duty of a water undertaker under this section shall be enforceable under section 18 above--

(a) by the Secretary of State; or

(b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director. (3) Nothing in this Part shall have effect to authorise or require a water undertaker to impose any requirement on any of its customers or potential customers.

Power of Director to impose requirements on water undertakers 93B.--(1) The Director may require a water undertaker, in its performance of its duty under section 93A above, to--

(a) take any such action; or

(b) achieve any such overall standards of performance,

as he may specify in the document imposing the requirement. (2) Where the Director, in the document imposing a requirement on a water undertaker under subsection (1) above, stipulates that any contravention of the requirement by the undertaker will be a breach of its duty under section 93A above, any contravention of that requirement by the undertaker shall be a breach of that duty. (3) Without prejudice to the generality of subsection (1) above, a requirement under that subsection may--

(a) require a water undertaker to make available to its customers or potential customers such facilities as may be specified in the document imposing the requirement;

(b) require a water undertaker to provide or make available to its customers or potential customers such information as may be specified in the document imposing the requirement, and may specify the form in which, the times at which or the frequency with which any such information is to be provided or made available.

(4) In exercising his powers under this section in relation to any water undertaker the Director shall have regard to the extent to which water resources are available to that undertaker.

(5) Before imposing any requirement on a water undertaker under subsection (1) above the Director shall consult that undertaker. (6) Nothing in this section authorises the Director to impose any requirement on a water undertaker which has or may have the effect of authorising or requiring that undertaker to impose any requirement on any of its customers or potential customers.

Publicity of requirements imposed under section 93B

93C.--(1) Where, under section 93B(1) above, the Director imposes any requirement on a water undertaker, the Director may arrange for that requirement to be publicised in any such manner as he may consider appropriate for the purpose of bringing it to the attention of that undertaker's customers.

(2) Without prejudice to the generality of subsection (1) above, the Director may arrange for such publicising of the requirement as is mentioned in that subsection by--

(a) himself publicising the requirement or causing it to be publicised; or

(b) directing the undertaker to inform or arrange to inform its customers of the requirement.

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Information as to compliance with requirements under section 93B

93D.--(1) Where a water undertaker is subject to any requirement imposed under section 93B(1) above, the Director may arrange for there to be given to the customers of that undertaker at any such times or with such frequency, and in any such manner, as he may consider appropriate, such information about the level of performance achieved by the undertaker in relation to that requirement as appears to the Director to be expedient to be given to those customers. (2) Without prejudice to the generality of subsection (1) above, the Director may arrange for such giving of information as is mentioned in that subsection by--

(a) himself disseminating the information or causing it to be disseminated; or

(b) directing the undertaker to give or arrange to give the information to its customers.

(3) At such times and in such form or manner as the Director may direct, a water undertaker shall provide the Director with such information as may be specified in the direction in connection with the undertaker's performance in relation to any requirement imposed upon the undertaker under section 93B(1) above.

(4) A water undertaker who fails without reasonable excuse to do anything required of him by virtue of subsection (3) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.".'.-- [Mr. Atkins.]

Mrs. Helen Jackson: This amendment would place a new duty on the Environment Agency to conserve water supplies. Many people, not just in the House but outside it, are amazed that the Government should seek to include an important new duty in the Bill at this stage, without any discussion in Committee of how it relates to the requirement to conserve water that is placed on customers, companies and sewerage undertakers. People are amazed that the Government are introducing this amendment at this late hour of three minutes to midnight.

Having read the amendment and received some briefing on it from the House of Commons Library, I believe that it is important to understand that it places a duty on the water authorities to ensure that conservation of water is undertaken by water customers. Why is the duty to conserve water being placed on domestic customers first and foremost, and not on companies? Both companies and customers should have a duty to conserve water supplies. Because the duty is placed only on customers in their homes, there could be a danger to public health if pressure is put on people to conserve water, especially if that pressure is exerted through prices being pushed up above the level that people can afford.

We want some assurance that the amendment would not involve an extension of compulsory metering. We are relieved that new section 93A(6) says that the clause should not be interpreted as a way for the director general to impose on water companies a requirement to make domestic customers conserve water in a particular way. Will the Minister assure me that that subsection ensures that water companies' customers will continue to have a choice in how they are charged for water services? Will he also reassure me that that is precisely what is meant by the answer that I was given two days ago by the Minister, who has now left the Chamber--

Mr. Atkins: No, I have not.

Mrs. Jackson: I beg the Minister's pardon. His answer said that it is for water companies to decide the most appropriate method of charging in their areas. That is

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particularly important in areas such as Yorkshire, where the water undertaker is keen to allow all customers of water and sewerage services to choose the charging method to be imposed on them. 12 midnight

As the Secretary of State and Ministers are aware, many people who live in new properties that were built after water privatisation in 1989 and have no rateable value are not given the choice of paying for their water by a notional property value or by metering, but must pay a metered charge. That has caused a great deal of aggravation in many parts of the country. The issue is still not resolved and we shall discuss it in the House under the auspices of the water group next Wednesday, when we have a water day to consider charging systems. It will then be clear that many of the major water and sewerage undertakers are not happy with the fact that we are moving towards compulsory metering.

If the Minister reassures us that amendment No. 95 does not lead us in that direction, members of the water group and many Opposition Members can return to their constituents and say that the pressure that they have put on the Government against compulsory metering has at last been recognised in amendment No. 95 and that responsibility for conservation will not be at the expense of extra costs on domestic households, who need adequate water supplies.

Sir Paul Beresford: I reassure the hon. Member for Sheffield, Hillsborough (Mrs. Jackson) that the amendment seeks to promote increased efficiency in the use of water by customers and we believe that the water companies are in the best position to do that. I assure her that the amendment does not allow compulsory metering, but it would allow the director general to require water companies to offer facilities and information to their customers, which will encourage them to take informed decisions about the efficient use of their water.

Amendment agreed to.

Amendment proposed: No. 96, in page 303, line 26, at end insert--

` . After section 101 of that Act (which provides for the determination of certain details in relation to requisitioned sewers) there shall be inserted--

" Provision of public sewers otherwise than by requisition Further duty to provide sewers

101A.--(1) Without prejudice to section 98 above, it shall be the duty of a sewerage undertaker to provide a public sewer to be used for the drainage for domestic sewerage purposes of premises in a particular locality in its area if the conditions specified in subsection (2) below are satisfied.

(2) The conditions mentioned in subsection (1) above are-- (a) that the premises in question, or any of those premises, are premises on which there are buildings each of which, with the exception of any shed, glasshouse or other outbuilding appurtenant to a dwelling and not designed or occupied as living accommodation, is a building erected before, or whose erection was substantially completed by, 20th June 1995;

(b) that the drains or sewers used for the drainage for domestic sewerage purposes of the premises in question do not, either directly or through an intermediate drain or sewer, connect with a public sewer; and

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(c) that the drainage of any of the premises in question in respect of which the condition specified in paragraph (a) above is satisfied is giving, or is likely to give, rise to such adverse effects to the environment or amenity that it is appropriate, having regard to any guidance issued under this section by the Secretary of State and all other relevant considerations, to provide a public sewer for the drainage for domestic sewerage purposes of the premises in question.

(3) Without prejudice to the generality of subsection (2)(c) above, regard shall be had to the following considerations, so far as relevant, in determining whether it is appropriate for any sewer to be provided by virtue of this section--

(a) the geology of the locality in question or of any other locality;

(b) the number of premises, being premises on which there are buildings, which might reasonably be expected to be drained by means of that sewer;

(d) the nature and extent of any adverse effects to the environment or amenity arising, or likely to arise, as a result of the premises or, as the case may be, the locality in question not being drained by means of a public sewer; and

(e) the extent to which it is practicable for those effects to be overcome otherwise than by the provision (whether by virtue of this section or otherwise) of public sewers, and the costs of so overcoming those effects.

(4) Guidance issued by the Secretary of State under this section may--

(a) relate to how regard is to be had to the considerations mentioned in paragraphs (a) to (e) of subsection (3) above; (b) relate to any other matter which the Secretary of State considers may be a relevant consideration in any case and to how regard is to be had to any such matter;

(c) set out considerations, other than those mentioned in paragraphs (a) to (e) of subsection (3) above, to which (so far as relevant) regard shall be had in determining whether it is appropriate for any sewer to be provided by virtue of this section; (d) relate to how regard is to be had to any such consideration as is mentioned in paragraph (c) above;

(e) without prejudice to paragraphs (a) to (d) above, relate to how a sewerage undertaker is to discharge its functions under this section.

(5) Before issuing guidance under this section the Secretary of State shall consult--

(a) the Environment Agency;

(b) the Director; and

(c) such other bodies or persons as he considers appropriate; and the Secretary of State shall arrange for any guidance issued by him under this section to be published in such manner as he considers appropriate.

(6) Subject to the following provisions of this section, the duty of a sewerage undertaker by virtue of subsection (1) above shall be enforceable under section 18 above--

(a) by the Secretary of State; or

(b) with the consent of or in accordance with a general authorisation given by the Secretary of State, by the Director. (7) Any dispute between a sewerage undertaker and an owner or occupier of any premises in its area as to--

(a) whether the undertaker is under a duty by virtue of subsection (1) above to provide a public sewer to be used for any such drainage of those premises as is mentioned in that subsection;

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(b) the domestic sewerage purposes for which any such sewer should be provided; or

shall be determined by the Environment Agency, and may be referred to the Environment Agency for determination by either of the parties to the dispute.

(8) The Environment Agency--

(a) shall notify the parties of the reasons for its decision on any dispute referred to it under subsection (7) above; and (b) may make any such recommendations, or give any such guidance, relating to or in connection with the drainage of the premises or locality in question as it considers appropriate.

(9) The decision of the Environment Agency on any dispute referred to it under subsection (7) above shall be final.

(10) A sewerage undertaker shall only be taken to be in breach of its duty under subsection (1) above where, and to the extent that, it has accepted, or the Environment Agency has determined under this section, that it is under such a duty and where any time accepted by it, or determined by the Environment Agency under this section, as the time by which the duty is to that extent to be performed has passed.".'.--[ Mr. Atkins. ]

Madam Deputy Speaker: With this it will be convenient to discuss the following amendments: No. 266, in page 303, line 26, at end insert--

`94A. In section 94 of that Act (general duty to provide sewerage system) at the end of subsection 1 shall be added--

--"; (c) to make provision for the reception, treatment and disposal of the contents of cesspools and septic tanks (whether inside its area or elsewhere).".'.

Government amendments Nos. 97, 105 and 108.

Mrs. Helen Jackson: Will the amendment make it easier or more difficult for my constituents and those of many other hon. Members on both sides of the House who live in rural areas to gain access to the wherewithal to be connected to mains sewerage? A minority of householders are not connected to mains water supplies, but many of my constituents and those of other hon. Members are not connected to mains sewerage systems. The amendment is designed to get rid of the Government grant regime that has been used to help meet the connection costs of new sewerage services.

Sir Paul Beresford: The hon. Lady is right. The purpose of the amendment is to make easier the provision of first-time connection to mains sewerage of existing premises.

Mrs. Jackson: I am grateful to the Minister, but I am not clear how the loss of the Government grant regime will make it easier for customers and water undertakers to finance the connections.

Sir Paul Beresford: The amendment puts a new requirement on sewerage undertakers to provide the public sewers to be used for domestic purposes by premises in any locality in their area, in particular where the existing system has had adverse effects on the environment or an amenity.

Mrs. Jackson: What about the costs? I am sure that we all recognise that water and sewerage undertakers have a duty, in this day and age, to provide mains sewerage to

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all residents, but at a cost. Who is to bear that cost? That question must be answered before the Opposition will allow the amendment to be passed.

Sir Roger Moate (Faversham): I want to speak to amendment No. 266, which has been grouped with Government amendment No. 96. I am conscious of the hour, so I shall not speak at great length, although the subject is of considerable importance.

Amendment No. 266 is virtually the last amendment to this large Bill, so I feel like the man at the end of the lord mayor's show. As I am dealing with the contents of cesspools and septic tanks, that is probably an appropriate reference.

I was asked to table the amendment by the Kent Association of District Councils because a serious problem in my constituency, as well as in other parts of Kent and the south-east, and probably nationally, affects thousands of people with cesspools or septic tanks. I have 1,400 such households in my constituency, and I expect that there are thousands across the country. I do not suppose that there is an national association of septic tank or cesspool owners, but if there were, it would deluge other hon. Members with its complaints.

The problem is that in recent years the costs have risen, in many cases by between 300 and 400 per cent. I assure the House that that increase poses a serious problem to the householders affected. All other charges levied by sewerage undertakers are regulated by the Government watchdog, Ofwat. The reception of the contents of septic tanks and cesspits is not so regulated. The problem has affected the south-east in particular, but I suspect that it is experienced nationwide.

The amendment would enable Ofwat to regulate prices charged by the privatised water companies for the reception of such contents at their waste water treatment plants. At the moment, I understand that no power exists to regulate those prices. Ofwat has attempted to do that, but its jurisdiction has been successfully disputed by the water companies.

The amendment would resolve the problem and spell it out that the treatment of the contents of cesspools and septic tanks should come within the power and control of the regulator. That is its purpose. I hope that my hon. Friend the Minister can accept the amendment. It is sensible and simple. If he cannot accept it, will he at least tell us that efforts are being made to resolve the problem and to extend the power of Ofwat? If he cannot even do that, will he at least try to do something to solve that serious problem?

Mr. Morley: What about the cesspits?

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