Future flood and water management legislation - Environment, Food and Rural Affairs Committee Contents


Conclusions and recommendations


Local authority funding

1.  We believe that councils should aim to give flood protection work the same level of priority that the Government has spelt out in the Coalition Agreement. We recommend that Defra and the Department for Communities and Local Government review local authorities' spend on flood management work in April 2012. (Paragraph 14)

Sustainable drainage systems

2.  We support the development of sustainable drainage systems (SUDs) for new properties and their retro-fitting where feasible since they are a cost-effective, environmentally beneficial method of providing drainage. In implementing the SUDs provisions in the Flood and Water Management Act 2010, Defra must take into account the diversity of views as to who should be responsible for SUDs maintenance and the strong concerns many local authorities have about securing long-term funding for this. We are concerned that Defra's calculation of the level of resources it expects to be available to councils as a result of the transfer of private sewers is not based on robust data and that councils will therefore not be adequately recompensed for their new duties on SUDS. We recommend that Defra undertakes further work on its model for the ownership and funding of SUDs, including the extent of the potential for local authorities to recover costs from developers. (Paragraph 22)

Fire and Rescue Authorities' flood duties

3.  We welcome the launch of Exercise Watermark and the additional £2 million of funding from Defra towards emergency services' flood rescue work but recognise that this represents only a fraction of the potential costs to these authorities of preparing for and responding to flood events. We are concerned that the lack of a statutory duty for Fire and Rescue Authorities could jeopardise their flood preparation and response work, given pressures on them to direct their limited funding towards fulfilling non-discretionary duties. We recommend that the Government places a duty on Fire and Rescue Authorities to undertake specified flood rescue preparation and response work, and that provision of adequate resources for this work is included under the funding formulae applied to emergency services. (Paragraph 26)

Funding for flood defences

4.  We are concerned about the future adequacy of funding for flood defences given the need to increase investment in order simply to maintain the current level of protection in the face of flood threats which may be increasing as a result of climate change. We note the priority Defra places on protecting flood defence work and welcome its provision of more than £2 billion over the next four years for such work. We welcome the focus on improving procurement to deliver 15% efficiency savings in Environment Agency flood defence budgets which was designed to help to deliver improved protection to 145,000 properties by 2015. However, it is an inescapable fact that the CSR funding settlement represents a cut to flooding budgets. This is against a background where funding for flood defences has been judged to be inadequate. (Paragraph 35)

5.  Given the considerable sums of capital spending being invested into flood defences in the UK, we believe it is essential that Defra regularly reviews the evidence base on which projections of increased flood risk are based. No model projecting changes in sea level or changing weather patterns can ever be perfect for all time and if future evidence were to emerge which conflicted with the original projection or, for instance, suggested that the pace at which sea levels were rising was starting to slow, then the Department should take account of such evidence. (Paragraph 36)

6.  Whilst Defra's recently published consultation document on the future funding of flood and coastal erosion risk management gives substance to the debate as to how to ensure that beneficiaries provide a higher proportion of the funding for flood defences, proposals are at an early stage of development. We conclude that it is right that beneficiaries such as developers should help fund new schemes, but it is by no means certain that any shortfall in central Government funding will be made up at this stage by contributions from other sectors, particularly the local government sector which is already contributing to funding many local flood defence projects. Clear principles and methods must be agreed urgently amongst all interested parties to secure funding from all sources to meet the Government's flood defence objectives in the next few years since timely investment in flood defences provides significant economic and social returns. We note Defra's assurance that public funding will be focussed on those communities at greatest risk who are least able to protect themselves and recommend that Ministers spell out in their consultation response how such communities will be identified and how their protection will be achieved in practice. (Paragraph 37)

7.  We recommend that the Environment Agency provides the Committee with an update in May 2011 on how the allocation of Defra's CSR funding will impact on its flood programmes and by the end of 2011 on how its efficiency programme has impacted on its flood defence work. (Paragraph 38)

Flood insurance

8.  There is an urgent need for the Government to reach agreement with the insurance industry on the provision of flood insurance to millions of homes and businesses in flood risk areas since the current 'Statement of Principles' is set to expire in 2013. The renewed agreement should ensure that investment in flood resilience measures by householders is reflected in the insurance premiums they pay. Defra should provide the Committee with an update on progress on this within six months. (Paragraph 41)

Agriculture and flood defences

9.  While the evidence suggests that the impact of flooding on agriculture is not as costly as on other sectors, greater recognition of the value of flood defence works undertaken by agricultural landowners is needed. The Water White Paper and Natural Environment White Paper must fully reflect the potential role of agricultural practices in assisting the achievement of flooding objectives. Where agricultural land is used for flood defence and mitigation purposes, the owners and farmers should be properly compensated. (Paragraph 45)

10.  We note with concern that final arrangements have yet to be made for administering payments under the Rural Development Programme for England after the abolition of the Regional Development Agencies. Defra should set out clearly in its response to this report how it will manage the transitional arrangements in order to ensure that this inter-regnum does not hinder work to encourage landowners to implement measures to support water management and flood defence work. (Paragraph 46)

Planning to mitigate flood risk

11.  We recommend that the Water White Paper set out a clear framework for planning for new developments in flood risk areas, building on existing planning policy, including principles for the apportionment between public agencies and private beneficiaries of the costs of providing flood defences for new developments. (Paragraph 49)

Internal Drainage Boards

12.  Internal Drainage Boards are already seeking to maximise the impact of their work including through implementing improvements to their structure. However, the broader question as to the necessity or otherwise of more substantial reform of IDBs was left unresolved at the time of the last election. We favour a localised, incremental approach to any reform as opposed to a "one size fits all" model imposed centrally. We recommend that the Water White Paper set out the broad principles for the evolution of the relationship between IDBs and other agencies with drainage functions over the next 5 years, allowing for local implementation according to the specific needs of each area. Defra should consider allowing IDBs to retain levy money currently paid to the Environment Agency for maintenance of river courses so that IDBs can use their skills and equipment to undertake these functions directly where appropriate to local circumstances. (Paragraph 53)

Customer engagement

13.  Despite successes in securing a good deal for customers, there is considerable scope for better integrating customer views within the price setting process. We recommend that the Water White Paper puts at its heart the strengthening of customer representation, and should include proposals for a regulatory mechanism which better links customer priorities with regulatory outcomes. In determining the final structures of organisations such as the Consumer Council for Water, the Government should recognise the value of an independent body that is able to challenge the regulator's approaches. (Paragraph 64)

Social tariffs

14.  Social tariffs can help to ameliorate the impact of rising bills on low income customers, however opinion is divided as to whether such assistance should be funded through a levy on water customers' bills or from central taxation as part of the welfare and benefits system. We consider that if social tariffs are to be funded from water bills, the desirability of helping individuals must be balanced with the interests of other customers who pay their full bills plus the additional costs of providing such assistance. The Water White Paper must spell out clearly the extent to which the Government envisages that national social tariffs will be used to address problems low income customers face in affording their water bills. (Paragraph 66)

Metering

15.  Metering has a key role to play in helping to reduce water demand. Such reduction is essential given increasing pressure on water resources in some parts of the country. The current approach of introducing metering in a piecemeal manner means that the charging system is under stress, with those on unmetered supplies bearing a progressively higher proportion of costs. A comprehensive, robust and fair charging system for the future is needed with higher levels of metering forming the central pillar. (Paragraph 71)

16.  More widespread introduction of metering will mean there are winners and losers and some, including groups of vulnerable customers, could see significant rises in their bills. It is therefore important that the costs of metering be kept to a minimum, and this can best be achieved through a planned, area-based programme of introduction. Variable tariffs to incentivise more efficient use of water could help to keep bills down for many customers. We recommend that the Water White Paper set out a clear strategy for implementation of metering and for variable tariffs to help spur water efficiency. (Paragraph 72)

Regional price variations

17.  We would not wish to see a solution to water prices in the South West region which merely redistributes the costs among customers within the region, nevertheless Ministers must ensure that any solutions help to protect low-income customers across the country. Although the South West region presents the most immediate problem, large-scale capital investment is likely to be needed in a number of regions in coming years to meet environmental requirements with consequent impacts on bills for many other customers. We recommend that the Water White Paper set out a sustainable, long-term set of principles for determining how the costs of nationally significant environmental projects should be paid for in future. To balance the needs of those in regions with disproportionately high water bills with the need to be fair to other customers elsewhere in the country, the solution could lie in a number of options which include some form of hybrid option applied nationally which has elements of social tariff to help those in greatest need but which is weighted to recognise the substantial regional variance in bills when compared to the national average. (Paragraph 82)

Bad debt

18.  We recommend that the Water White Paper set out proposals to fortify the ability of water companies to recover debts from those able to pay. These could encompass measures such as enabling water companies to secure tenant information from landlords of all types of property (not just residencies), enabling water companies to pursue debtors through Magistrates courts and instituting a contractual basis for household water supply which defines enforceable customer responsibilities. (Paragraph 86)

Competition and innovation: the Cave Review

19.  Increasing competition in water supply will not solve all the problems of rising water prices, but we note the strength of support for the view that benefits are to be had by a measured introduction of competition into the water industry in England. Although the structure of the water industry in Scotland is very different, we were impressed by the benefits delivered to customers through competitive pressures on the industry. However, the water industry has legitimate concerns that changes to the regulatory and competitive regime could incur costs which outweigh savings, particularly if uncertainty over changes were to increase companies' cost of capital. It is therefore vital that competition in the water industry is introduced at a measured pace. The Water White Paper must set out clearly how greater competition will be balanced with maintaining confidence by investors in the future structure of, and regulatory controls over, the industry. (Paragraph 94)

20.  There is a short time during which changes to the regulatory regime can be made if price-setting processes are not to be disrupted with consequent costly uncertainty for the water supply industry. We are concerned about the potential for slippage in the timetable for any water legislation necessary to implement the Water White Paper proposals, particularly in respect of proposals to change the structure of the water supply industry. We recommend that the Government sets out how its timetable for introducing necessary statutory provisions will enable key provisions to be in place in time to allow a smooth transition to the next price control period starting in 2015. (Paragraph 96)

Environmental and economical sustainability of water supply

21.  Defra and the Department for Communities and Local Government should consider further the potential for the planning system to ensure that new developments do not jeopardise water supplies in areas of water stress, for example by placing a statutory requirement on all those making applications for developments consisting of more than 10 homes or on sites larger than 1 hectare to consult water and sewerage companies. (Paragraph 98)

Abstraction regime reform

22.  Future challenges for water supply in some parts of the UK include the impact of climate change, population growth and new development on water availability. To ensure adequate, clean and affordable water supplies in the long-term, the UK must place sustainability at the heart of its water policies. The previous Government's policy documents included laudable ambitions in this respect but insufficient progress has been made in putting in place specific mechanisms to achieve these aims in practice. The forthcoming Water White Paper must set out specific measures that will enable the wider value of water to be reflected in policies and charges. It should include proposals for amending the regulatory framework for determining prices so that demand-side measures can be better incentivised. The White Paper must also set out a clear programme for reform of the abstraction licensing regime, with a long-term aim of introducing water trading. This must explain how a fair transition to any new regime is managed, including recognition of the rights of those with existing abstraction licences. (Paragraph 104)

Water and energy efficiency

23.  Water saving through greater efficiency of use will become increasingly important, especially in parts of the country where climate change and population growth will lead to significant constraints in supply. We consider that the regulatory framework under which water prices are set must be reformed to include stronger water efficiency targets for water supply companies. We recommend that regulatory bodies work more closely together than they have to date to ensure that energy-saving and water-saving initiatives are not developed in isolation. The regulators and industries should grasp the opportunities to learn from each other's experiences and develop joint approaches which might most effectively engage customers. (Paragraph 108)

Water quality

24.  The UK is in danger of missing the Water Framework Directive's (WFD) challenging targets for water quality. Urgent action is required not just from the water supply industry, but from a range of individuals and organisations including rural and urban landowners and industries. The WFD's methodology for measuring water quality is problematic and could be imposing costs which are out of proportion to the level of environmental benefit delivered. We recommend that the UK Government initiates a review within the EU of the scope to achieve the environmental improvement aims of the Water Framework Directive and Urban Waste-Water Treatment Directive in a more cost-effective manner. (Paragraph 113)

25.  The Water White Paper should set out proposals, with a costed timetable, as to how current EU water quality targets could be met and who will bear the costs, including measures to engage landowners and industries from all sectors in addressing diffuse water pollution. (Paragraph 114)

Connections to the public sewerage system and misconnected drains

26.  Water and sewerage companies are responsible for managing the public sewerage system in their areas so it is vital that they have adequate powers to permit or disallow connections, particularly where they will incur additional costs as a result of connections from new developments. Defra should give water and sewerage companies a statutory right to be consulted over planning applications for new developments where these include connection to the public sewerage system. Defra should also produce guidance within three months of regulations being made under the Flood and Water Management Act to enable water and sewerage companies to make early use of agreements on the adoption of new drainage systems. (Paragraph 116)

27.  The current legislative framework does not give water and sewerage companies adequate powers to put right problems with drains and sewers that have been incorrectly connected. Given the significant contribution of such misconnections to water pollution, water and sewerage companies need strengthened rights so that they can rectify connection problems without having to involve third parties. We recommend that the measures included in the consultation on the draft Flood and Water Management Bill be brought forward for legislation at the earliest opportunity. (Paragraph 118)

Private sewers and lateral drains transfer

28.  The transfer of private sewers is a technical issue that might have passed below the radar of many water customers even though it could cost them an additional £5-£14 a year. What concerns us more, however, is the lack of certainty about the potential costs of the transfer since no detailed assessment has been made as to the scale and condition of the infrastructure affected. We would not wish to see the proposed transfer delayed. However, Ofwat must explain when and how further clarity will be provided on the costs companies will pass on to their customers and the safeguards in place to protect customers from unreasonable increases in charges. The regulator must also ensure that water and sewerage companies explain clearly to their customers the reasons for the charges and how these have been calculated. (Paragraph 122)

Conclusions

29.  We welcome the focus that the Government is giving to the vital policy area of water and flood management. The recommendations in this report will assist Defra in developing proposals for the Water White Paper and Natural Environment White Paper to be published in the first half of 2011. (Paragraph 123)

30.  The Flood and Water Management Act 2010 is the focus of a number of our recommendations on flood policy. Commencement of the Act's provisions which have not yet been brought into effect must be a priority. We have made a number of recommendations about the implementation of specific measures in the Act, such as those relating to sustainable drainage systems. Defra must address more general concerns about how public bodies under tight budgetary constraints can fulfil their leadership and strategic roles on flooding. To cut back significantly on flood defence infrastructure spending could be a classic example of short-term savings leading to much greater long-term costs. Future flood defence work must be sufficiently resourced in accordance with a balanced approach to risk management. (Paragraph 124)

31.  A number of our recommendations relate to aspects of water management which the forthcoming Water White Paper should address, and where legislative measures might be needed. In particular the White Paper should develop proposals to implement the findings of the Walker Review on charging for household water and sewerage services and the Cave Review on competition and innovation in water supply. It should also include specific, practical proposals to ensure that the price of water captures the full range of externalities, particularly those relating to sustainability and environmental protection, in order to drive the right investment decisions by the water industry and the most beneficial behaviours by customers. This will entail a range of measures in areas such as metering, charging for household water supply and water trading. (Paragraph 125)

32.  The Ofwat review is central to the development of many sustainable water management policies, and it is clear from the evidence we received that the regulatory regime needs to be sharpened to enable it to respond better to the challenges of the future. The Water White Paper provides the opportunity to reform regulation to provide a stable basis for the long-term future of the water industry and we look forward to the Government bringing forward comprehensive legislation during 2011, to reach the statute books by 2012, well in advance of the next review of water prices. We would wish to further consider issues raised in this report in the light of proposals contained in any such legislation. (Paragraph 126)






 
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Prepared 22 December 2010