Ofwat price review 2009 - Environment, Food and Rural Affairs Committee Contents


Examination of Witnesses (Questions 240 - 259)

WEDNESDAY 17 JUNE 2009

HUW IRRANCA-DAVIES MP AND MR MARTIN HURST

  Q240  Chairman: The reason I ask is that you people mentioned it in your evidence. I am assuming that because you mentioned, you know how it works. Mr Hurst is going to enlighten us.

  Mr Hurst: I hope to do so. I reinforce what the Minister has said: the Change Protocol is not a Defra document; it is an Ofwat process. Ofwat have a duty to ensure the financing of statutory obligations on the water companies. I think it is going to be a rather unusual price review because the number of things that could come up between the two price reviews is quite big with potentially big bills. Just to sketch out a few of them, you have mentioned Anna Walker's Review, and I will explain a little bit about the mechanism of how that might work later. The climate adaptation projections will be out very shortly and Ofwat has said that they will take them on board as soon as they reasonably can but that might be between price reviews. The water resource management plans from the industry are currently under scrutiny by the Environment Agency and the Secretary of State and that may give approval for things which will require spend between price reviews. We have a significant package for the Water Framework Directive in the national environment part of the price review, but there may be more between price reviews as we learn more. The whole of the Flood and Water Management Bill will become law and if that requires action between 2009 and 2014, we potentially go to the Change Protocol. There is also one very big infraction in the European courts. We have had the hearing. We expect the announcement in the next few months on the Urban Wastewater Treatment Directive. If we were to lose that and the Commission and the court were to find that we had to take action very quickly, that could mean significantly large amounts of money over the next five years in addition. What happens is that you get a statutory duty on the water industry, either through the Floods and Water Management Bill or through section 2.2 of existing European Law. Ofwat then have to assure themselves that the way the water industry is implementing that is cost-effective. Providing that the cost is, if I remember correctly at the moment, more than 2% of their turnover, then the firm in question in the water industry could put a bid in to the Change Protocol for finance for that. If Ofwat agreed, then the money would be added to bills, to my understanding, during or immediately after the five-year period.

  Q241  Chairman: So we could expect to see a sort of health warning from Ofwat, bearing in mind what you were talking about in terms of the court proceedings. There is going to have to be a health warning given if for no other reason than the City needs to be aware of potential contingent liabilities in whatever Ofwat finally make their determination to be?

  Mr Hurst: I would have said, bearing in mind that Ofwat have already published their Change Protocol for consultation, I would be very surprised if the City did not know about it and had not worked out the pricing.

  Q242  Chairman: It might not know what the items were that could change.

  Mr Hurst: That is true. If I have inadvertently misrepresented some part of the process, we will of course correct that in writing.

  Q243  Chairman: That is a good way to start. Let us move on. Your department has a very important role in the field of sustainability but I was intrigued to learn from our water company witnesses about the volume of paper which they had to produce. I think Yorkshire Water told us that the draft business plan that they submitted to Ofwat was 7,000 pages long, and I am sure they sent more than one copy. I would love to meet the people who have the patience to read a document of 7,000 pages. I just wondered, in terms of the dialogue, Minister, that you have with Ofwat, much as one has to provide a lot of detail in this highly litigious world that we live in, whether you felt that the burdens on companies having to produce that kind of volume of detail really was necessary, simply because I do worry that volume can sometimes be a substitute for important attention to the detail. Is there a need to sort this process out and make it bit less burdensome?

  Huw Irranca-Davies: There is an issue I think of a very good relationship but a maturing relationship between the regulator in any environment, but particularly in this environment, and the companies. As part of that, particularly as Martin was saying, some of the significant challenges we have ahead of us are going to need a way ahead that, yes, in respect of what you were saying, the paperwork does actually tick the boxes and makes sure that the water companies are doing what needs to be done, but also allows some dynamism within the structure as well so that water companies can react to climate change imperatives, carbon footprint imperatives, the Water Framework Directive, and so on and so forth. I have to say that I do not want to trespass directly on the relationship between the regulator and the companies, and it is not for me to do that, but I think there is a maturity developing within that relationship that will allow for some dynamism and, if you like, some confidence between the regulator and the companies in the way that they take this forward.

  Q244  Chairman: There is one word missing from what you said and that is "transparency". Bearing in mind that a lot of people would like to know what is going on, this seems to be a somewhat opaque way of doing it. The idea of putting on the Internet for example 7,000 pages of evidence and expecting people to dip in and out seems to be beyond the realms of reality.

  Huw Irranca-Davies: Certainly as a Minister, I know this as well with the reams of information that are put in front of me. For customers and for business users as well—and everybody has an interest in this field—the necessity actually to translate in an easily readable way what are quite a lot of complex issues that water companies and the regulators are dealing with is a valid point. I do not know whether you have engaged in this with the regulator when they were here, but it is a valid point: how do people understand when we have some extremely complex "asks" of water companies with the regulator, how those are being delivered consistently over time and also, as you point out, when some of these will change and mutate, or there will be additional ones that will come? You have probably touched on a real issue. It is not necessarily one that I as a Minister want to dictate, nor should I, but it is a genuine issue about how the regulator and companies jointly articulate what they are doing, where the costs lie, the transparency of how you slice into those to say to a customer. "You are paying a certain amount in your end bill for these public goods and a certain amount for that". Certainly in the survey information that we have seen recently where end-users, customers, were asked, there was generally a high degree of acceptability of prices that people are paying but it varied a lot when you asked people across different regions and different water companies: "How do you feel about the amount that is going to this part or that part". That does argue for a way to make it clearer and more transparent so that people can make their views known.

  Mr Hurst: By way of more information, I would direct the Committee to paragraph 2.2.8 of the social and environmental guidance that the Government formally gave to Ofwat. That says that Ofwat is expected to contribute to its statutory duty to have regard to principles of best regulation. It should develop this duty by developing proportionate and innovative regulatory solutions and take a similar approach to regulated burdens. It specifically mentions proportionality and transparency. So the government guidance to Ofwat is very much along the lines that you are suggesting. In Ofwat's defence, they have an extremely important duty to make sure that water customers do not pay for things they do not need to pay for and that the bills are kept to a minimum to deliver duties that water companies need to deliver. In a monopoly system, you can only do that with evidence and that evidence must come from the companies. So you are never going to get to a position where I think monopoly regulation is as a light touch as regulation where there is competition or market.

  The Committee suspended from 3.18 pm to 3.30 pm for a division in the House

  Paddy Tipping: Minister, I have had a chance to think about this; that is always a bad sign. You have talked about your relationship with the regulator. Would it be too intrusive to ask, first of all, how often you meet the regulator and what kinds of things you talk about? More specifically, I guess you have had loads of letters from scout groups, churches and sports clubs. Not to put too fine a point on it, this is a political mess. What are you doing to sort it out?

  Chairman: You said in the Chamber that you thought, with all the discussions that were going on, that matters could be resolved and the House hung upon your every word. David, did you want to put your two pennyworth on this?

  David Taylor: I think Paddy has really picked it up that the Minister's boss has stated that he is very concerned about what has happened, "there is clearly something wrong with bills increasing like that". I know that he had the Minister in mind in terms of resolving that in an effective, economic and politically acceptable way.

  Q245  Chairman: So, Minister, how are you going to fix it?

  Huw Irranca-Davies: First of all, it is worth making it clear. I do not think it is down to me to fix it. Let me explain because I want to be absolutely clear. We have four companies currently that have introduced regimes for surface water drainage charging: Yorkshire, Severn, Northumbria and United Utilities areas. They have all been done under the same regulatory regime. They have all been done under the same social and environmental guidance. Just to come to the point before I kick in to where I think we are going with this about how often we meet, we meet the Minister quite regularly. We discuss a range of issues and we have discussed this on a number of occasions because of the importance of this to voluntary groups, local clubs and scout associations. I have also taken the opportunity, because I speak to many water company directors as well, to speak to the Chairman of United Utilities as well on this on a couple of occasions. The reason I say that it is not for me to fix it but I think it can be fixed, and I made it clear, is because it is fundamentally to do with when we produce our social and environmental guidance. It is quite clear, and let us make it clear, that that allows for the flexibility to put forward a sensitive and sympathetic way of charging, it does not go away at all from the principle, which I think is absolutely right, that where you have a load on a system through surface water run-off into a system, people should be expected in one way or another to contribute, but there is an issue of proportionality and fairness within this. I was very pleased to see that UU, as a result of the discussions with Ofwat and representations from a number of honourable colleagues and others, as well as directly to them, imposed a moratorium and they did that not on last year's prices but actually going back a year; in effect, back to the pre-surface water draining charges regime.

  Q246  David Taylor: I am sorry to interrupt. It is absolutely specific: The Government expects Ofwat to ensure that companies charge in a way which is both fair and protects vulnerable customers. It could not be more unambiguous than that, could it? For Ofwat to pass the buck and say that they either do not have the legal powers or it is down to the companies is not acceptable.

  Huw Irranca-Davies: You are absolutely right. That is why I say, short of bringing through legislation for exemptions, and I know some people are calling for that, there are problems with exemptions that we have come across before, not in this area but in other areas. For example, under the pre-surface water drainage charges, you had partial exemptions, including for organisations like petrol filling stations. What do we do with private schools; what do we do with hospices? You are suddenly into a very difficult area where some will be in and some will be out. The reason I say that is we have four companies out there at the moment, and we made this clear without a blame game at all, within a regime where four companies have introduced it; by and large, in three of those areas it has gone pretty well. There is always room for discussion, change and so on but in three areas it has gone well and one it has gone upside down. I am very interested in the fact that they have introduced the moratorium to enable them to have discussions with Ofwat over the last few months. I am not taking my eye off the ball as to what the outcome of those deliberations will be, but it certainly is within the ability of Ofwat and United Utilities working together—and I am aware that they have had some quite positive and constructive discussion on this live time—to bring forward a regime that will deal very sensitively with churches, scouts associations. If there are others that fall outside of that as well, it is interesting to look at some of the other examples, such as Severn Trent, where those organisations which still feel that they are being put through some pain and so on have gone back to Severn Trent and said, "We are experiencing difficulty" and Severn Trent have said, "We have a way within the regime to fix that. We can look at flexibility through our hardship fund. We can look at some sort of much more compassionate way of dealing with you". That is what I expect as a minister, but it does come back to what I am saying. That is what I expect as a minister and I am absolutely clear that my guidance and that of the Secretary of State and Michael Meacher's guidance previously when he was in the role of Secretary of State made absolutely clear that there is the ability to have some discretion here within the regime that will allow the concerns of those groups to be properly addressed. I am hopeful, but I am not taking my eye off it, that the very good engagement that has been going on in recent weeks with UU and Ofwat will actually provide fruit.

  Q247  Paddy Tipping: Minister, are you saying that the regulator and directors of UU and other companies are now listening to you? Maybe you cannot fix it but maybe you can guide, dare we say, a third way through this?

  Huw Irranca-Davies: I can certainly say that in response to all the representations that they have had, both directly to them through this place, through conversations that I and others have had with them, they are hugely seized of the importance of fixing this and that I am actually hugely seized of the importance of fixing this. If there were other companies that want to introduce their own regime in future, they will be looking to the example that comes out of these recent discussions to see whether or not there is a workable model. I think there is because we have seen it with other water companies under the same regime, under the same guidance. I am not just keeping my fingers crossed; we are actively in dialogue with the regulator to encourage them with the water company actually to bring forward a suitable model that avoids what we did see, which were these quantum leaps in the charges to some voluntary groups or church groups and so forth.

  Q248  Mr Drew: I hear what you say, Minister, but is this not a waste of your time? Is this not an unnecessary campaign? We could virtually sort it out today if Ofwat and the water companies make it clear that they will use discretion and that they have hauled United Utilities in and told them that what they did was wrong and we could all move forward? Again, it is just one of those useless periods of unnecessary lather that we all suffer from. We know that you are not going to force the issue because it would be politically daft and inept to do so, so let us move on from this and tell the scouts and the churches and Lord knows who else that it is solvable?

  Huw Irranca-Davies: It is absolutely solvable. Let me just take one moment to remind the committee, and I am sure they knew it, of the guidance that came through in the Water Industry Act which says this. I have just underlined some things because I went through this in quite some detail, as you can imagine, over the last few months. In paragraph 2.4.4: There are many non-household users who are not businesses, occupiers of premises for public community functions, arts, education, et cetera. It would be inappropriate to charge all such customers as if they were businesses. Let me go on to another section: If charged on the same basis as other non-household users, they could face particularly high costs because of the disproportionate effect of standing charges for low volume users. I could go on and on and on. As far as I am concerned, the guidance from our side is very clear; this is eminently fixable and I hope imminently fixable. Whilst I say it is not for me to direct, and it is not, one of the benefits of having an independent economic regulator is to allow them to get on with it, but I think we have made it as clear as we need to be that we think it is fixable and we hope that they will fix it between them and the company. It is in the interests of the end users.

  Q249  David Lepper: In answering David Drew's questions, you have covered some of the ground I wanted to cover. So that I have it clear in my mind, so far as scout groups in my area are concerned, Southern Water, who I believe have not yet come to a conclusion about how they ought to deal with this issue, ought to be very carefully looking at the outcome of those negotiations and discussions that you have told us about this afternoon where companies have managed to find a way of dealing with this which does not penalise organisations like scout groups. That is the advice you have given. Added to that, Ofwat do have a role to play in guiding the water companies towards that kind of conclusion you are telling us.

  Huw Irranca-Davies: Yes, indeed. I think they will be looking at this with interest, as I am. I think the clarity of the guidance, some of which I have just read out, is pretty specific. The fact is that we have three out of four where, by and large, it has been introduced with a minimal level of fuss and with an acceptance of the principle of it; the fact is that if there is a load on the system, that load needs to be recognised some way or the other but in a proportionate way. Let me just extend this one facet further. There is an interest on offer here, I have to say as a former President of the West Glamorgan Scouts Association—no longer because I had to pass that on when I stepped up to ministerial role—which will take us forward a few years for those organisations that have large grassed areas and so on. Those areas could actually, with a little bit of help, support and guidance from the Environment Agency and others, actually develop their own SUDs system so that they do not put any load on it. I know it is a slightly different thing but I think there is an opportunity here that we should be encouraging, and we will do our best to say to Scouts associations, churches and so on—

  Q250  Chairman: Is it the birth of a new scouting badge called "SUDS", is it?

  Huw Irranca-Davies: Why not?

  Chairman: We will have them all out there digging out appropriate areas and we will see the minister in charge.

  Q251  Lynne Jones: We have just recently completed an inquiry on fuel poverty. In that inquiry we learned that there are five million households in fuel poverty. Do we have any similar figures for those that might have difficult paying their water bills?

  Huw Irranca-Davies: We will see if we get some inspiration on the actual figure. We do know that the numbers of people who are facing issues of water affordability, who are what you might term water poor, have increased. From recollection, it has probably increased from something like 1% to 3%. I may correct myself in a moment on that. We know the issue of affordability is become an increasing one. We know that in some ways it is regionally specific, although that does not mean it is just in one region. We also know it is specific to certain types of households and certain types of users. A lot can be done within things such as the Vulnerable Groups Tariff and those sorts of initiatives where you focus down to those people who either have specific medical conditions that require an immense amount of water or, alternatively, families with children at the poorest end of the spectrum, very much tying in with what we are trying to do with the child poverty and family poverty agenda. So there are ways in which we can target it quite specifically. In her review, Anna Walker has gone on road shows throughout the UK, including to one of the areas most impacted by affordability issues, which is the south-west, and she intends to go back down there I understand. From my brief discussions with her (and the interim report will be out shortly) I am hopeful that she will bring forward some quite innovative ideas on how to tackle this issues, but not necessarily through voting it into the tax and benefits system. We do have a tax and benefits system which attacks child poverty, pensioner poverty and so on. That is one facet. The issue becomes: how can we target effectively those who are at the receiving end where a proportion of their income and a large element of that is water bills, not least in places like the south-west. I think Anna Walker's review might well flag up some important ways forward for us.

  Q252  Lynne Jones: One of the issues is why should other water charge payers have to subsidise vulnerable groups. Is that not really a matter for the taxpayer in general, particularly if it is done on a company basis, as you say, in a particular area where there is high water poverty because charges are higher? The other water users are also paying high charges. Is there not a role here for Government, however innovative you might be in terms of rising block tariffs or whatever, for having some kind of tariff? One of the problems with these tariffs is that they are not generally made known and people have to get into difficulty with their bills before they actually get help.

  Huw Irranca-Davies: You raise a fair point. We already do target quite effectively those who are hit by poverty at a general level. There are those who have real issues across a range of bills within their household to meet those bills. We can do that through the tax and benefits system.

  Q253  Lynne Jones: You do it for, say pensioners, but not for other people, say on unemployment benefit, which is about half what pensioners get, and they do not get other benefits.

  Huw Irranca-Davies: That is why, as you can sense from what I am saying, I am slightly reluctant to go down that line or to commit DWP, but let us see what Anna Walker comes forward with on the idea that we try to bolt somewhere into the benefits and tax systems issues such as water bills and so on. Whilst that is a very good and effective way of tackling the core issues of poverty, it is only one way forward. I mentioned the Vulnerable Groups Tariff. We know that there is a lot more that can be done with that. You are right in saying that the uptake of that is a significant issue. Roughly speaking, we had 16,000 households back in 2006-07 that had benefit from the Vulnerable Groups Tariff. Last year it was up to 24,000. Defra, Ofwat and CCW, the consumer body, are now focused on increasing the reach and penetration of this. Anna Walker is also looking at that, but she is also looking, I have to say, because it does impact on the affordability issues, at issues about what we do with tariff systems, what we do with metering systems. Whether she will bring forward some more innovative ideas on tariffs or block tariffs and what you build on to that, I am not quite sure, but let us wait and see. There may be some quite clever ways to deal with this issue that rather than taking a blanket approach will target quite effectively those families and individuals most affected by a high proportion of their bills going into water payment.

  Q254  Lynne Jones: Are there any lessons to be learned from the energy sector? Obviously one way of reducing bills, particularly if there is a move toward metering, is to reduce water consumption. We have recently recommended that there should be—and I think the Government is going down this line—an area-based approach. If we are having, for example, energy efficiency measures, should we not also be looking at ensuring that the programmes that deliver energy efficiency measures are also delivering water efficiency measures?

  Mr Hurst: I think that is a very good point. One of the things we know about climate change for example is that measures that save CO2 quite often also save large amounts of water; hot water is 5 or 6% of all CO2 I think in the UK. There are some differences between energy saving and water saving. I think there are two main ones. If I remember correctly, the average energy bill is almost £1,000; the average water bill is £330. So it is not quite the same magnitude. The other thing of course is that in the water industry we will not disconnect vulnerable customers or anybody who cannot pay their bills, whereas there is a different approach in energy. In terms of absolutely hardship, it is government policy that we will not even introduce things like trickle valves that I believe are used in some other countries. The idea of saving water and at the same time helping people through saving water to lower their bills is an entirely legitimate one. That is what they do in energy. I think it is one of the things that Anna Walker is looking at.

  Q255  Lynne Jones: The trouble is with there not being disconnections, there are also the "will not pay" as opposed to the "cannot pay". Are you looking at this area as the issue of landlords' responsibilities and so on?

  Huw Irranca-Davies: You are right to make that distinction. We will have to wait to see what Anna Walker brings forward, but I know in terms of the road shows that she has been discussing this idea of rather than having the letter that lands on the doorstep to the occupier, whoever that may be and so on, that you fix it to the named individual, the landlord. She may well have come forward with that or some other ideas as well. We have to get through this difference between the cannot payers and the will not payers.

  Lynne Jones: I think I have inadvertently strayed on to another responsibility there, so I will stop.

  Q256  David Taylor: I think Lynne Jones has dealt with most of this. Can I ask if there is recognition of that kind, would it be possible to incorporate necessary changes into the Flood and Water Management Bill do you think, depending on time?

  Huw Irranca-Davies: It is not impossible. Anna Walker's interim review will be out very shortly. I know that is ministerial speak but it is imminent. The full report will probably be towards October after the recess. It is not out of the realms of possibility that if there were significant issues that we wanted to take forward in legislation, we could do it. Because the consultation has been so extensive, it is not out of the realms of possibility.

  Q257  Chairman: As a follow up from that, are you keeping your powder dry as Defra on your opinion about water metering until you have read Anna Walker's report?

  Huw Irranca-Davies: We have already made clear that we are quite warm towards the idea of metering for two reasons: one because of what it can do in terms of water efficiency; and, secondly, also what it can contribute, in combination with perhaps things like tariffs and so on, to address issues of affordability, but I do not want to pre-empt Anna's report in any way. I know she is looking at this. We are aware that there are companies out there that are already significantly down the line on metering. There are companies out there with 60, 65, 70% and more of water meters in place; there are others that are way back at 30% or, in one or two cases, at zero. Whatever comes out, I doubt very much that it will be a case of flicking a switch and saying that within year one or year two everybody will be compelled to take on meters. I hope and I suspect that what Anna will bring forward are some quite pragmatic and practical ideas. The vision we have, which we have expressed previously, for 2030, and it is worth citing this from the future water document, and this a quote indirectly, is that we believe we will need near universal metering before 2030 in water-stressed areas. That is the important thing as well—water-stressed areas.

  Q258  Chairman: So there is a hint there in the same document about valuing water in a different way than we have done at the moment but you would see the metering solution as an important contributory element to valuing water properly. It does have some perverse results, that if you optimise the use of water, you start to reduce the cash flow to the water company and therefore you could exacerbate the second point you were making, which is that this is a way of dealing with the social consequences, which are at the heart of Lynne Jones' questions. You have a perverse circular argument which you are going to have to deal with.

  Huw Irranca-Davies: Yes, and curiously this is why one of the possible solutions that has been mooted recently on the issue of affordability, not least in the south-west, is the idea of some spreading of either the taxation burden or the water rates burden wider across the country. It is an interesting idea but it has some potential downsides, and this is certainly why I would not want to pre-empt any discussion on this subject to Anna Walker. Some of the potential downsides with that are that it actually takes away the incentive for a water company locally within its area to drive down water efficiency, et cetera, because you are saying that we are going to abrogate this around the other regions of the nation. It also takes away the issue, I have to say, in terms of room to pay. Your fundamental point is right. One of the things we are looking to come out of PRO9 and the wider consultations we have is to get to the point where we genuinely value water: we value water not because you simply turn on the taps and it comes through; we value it not only because of the costs of treatment but because of what we can do there in terms of climate change, carbon footprint, clever innovation within the water industry, driving down usage, and so on. It is not only individual consumers but water companies and others who need somehow to mark that value much more significantly.

  Mr Hurst: This is one of the classic economic problems of utilities that the short-run cost is very different to the long-run cost. In the long run, you have the cost of new reservoirs; you will not be building any in the next year and therefore if you supply less water, many of your costs are the same, although even there I noticed that Regina Finn told you she did not think the water companies had a disincentive to economise on water. In the long run of course it is very different. If you do not economise on water, then you are going to need new reservoirs, and they do not come cheap either. One of the reasons why we have asked the water companies to do 25-year water resource management plans is so they can explicitly make this trade-off between long-term costs and short-term saving.

  Q259  Mr Drew: We move on to the Cave Review. Obviously Martin Cave gave evidence to us. I have to say that it did seem to me to be a re-run of the privatisation of the railways if I had been around at that time. Why is it that the Government is obsessed with competition in this area? I know there are ways in which you could save money round the fringes but water is one of those resources that has to be publicly provided and we have to trust those who provide it for us to do it as reasonably as possible. What is the benefit of the drive towards more competition?

  Huw Irranca-Davies: The proposals that Martin Cave has brought forward, if we go back to first principles, are only useful if they provide a benefit to end-users, either in the short or the longer term. Those end users are individual consumers, businesses and so on. That has to be the basis from where we start. The Cave report has clearly come to the conclusion that some elements of competition—retail separation and so on—would actually provide benefits to those end users. In that case, it is something that I think we are quite keen to explore. In terms of the timing of these various things coming down the track, we have made sure that Martin Cave's report is out there in its entirety for consultation rather than in a piecemeal way so that we can take views on it. Martin Hurst may want to reply on the economics. Martin is by far the superior economic expert in this area.

  Mr Hurst: I do not detect any obsession from Government about competition, I have to say.


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2009
Prepared 24 July 2009