Select Committee on Agriculture Sixth Report


Annex 1

FLOOD DEFENCE SERVICE IN WALES

ISSUE

  When considering the implications of the conclusions of this review on policy and hence practices, the impact on the delivery of the service in Wales will have to be addressed. This impact may be significant, it is legitimate therefore for any submission made by the Agency and by NAFDC for England to contain reference to Wales.

DISCUSSION

  The current flood defence legislation as set out in the Land Drainage Act 1991 and Water Resources Act 1991 apply to both England and Wales. The Government's strategy for Flood and Coastal defence in England and Wales published in September 1993 sets out a comprehensive framework within which priorities are set and any changes in this strategy will have implications for the delivery of the policy in Wales.

  The Environment Agency both geographically and managerially covers the whole of England and Wales. The service delivery through Local or Regional Flood Defence Committees is based on catchments which span Local authority and National boundaries. Consistent policy, practices and standards are therefore important.

  In relation to the Welsh Assembly and the Government of Wales Bill, it is important to understand the implications of the provision for the transfer of Ministerial functions. This aspect should be made clear at the Inquiry. It is vital that a distinction is made between the Environment Agency's powers (and duties) and those of Ministers. The Agency's functions are not the subject of the Transfer of Functions Order and Clauses 22-27 of the bill are primarily concerned with transfers to the Assembly of functions of Ministers in relation to Wales.


 
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