Eleventh Report of Session 2019–21 Contents

2Drinking Water Directive21

This EU document is politically important because:

  • it could have implications for Northern Ireland’s drinking water system, notably under the terms of Article 11 of the Ireland/Northern Ireland Protocol (“Other areas of North-South cooperation”).

Action

  • Report to the House.
  • Draw to the attention of the Northern Ireland Affairs Committee and the Committee on the Future Relationship with the EU.

Overview

2.1Our predecessors considered the Commission’s proposal to revise the EU’s “Drinking Water Directive” on several occasions.22 The predecessor Committee was particularly concerned that the suggested provisions on access to water strayed too far into areas best managed at a national or local level. The Government also expressed its concerns about the chemical parameters to be monitored in drinking water, with a particular issue being the parametric value of lead. At the time, the Government indicated that the proposed strict limit (5 micrograms per litre) would require the removal in the UK of a significant amount of existing lead piping in older properties, costing “billions of pounds” for the water industry and consumers.

2.2We have since received a further update from the Parliamentary Under-Secretary of State (Rebecca Pow MP), explaining the final outcome of negotiations. Much of the detail is not relevant to the UK now that it has withdrawn from the European Union, but one area which could affect Northern Ireland in particular is that of the chemical parameters and their parametric values, including lead. This is because there are shared drinking water catchments between the Northern Ireland and the Republic of Ireland and, in border areas, some customers on one side of the border are supplied from the other side. Article 11 of the Withdrawal Agreement requires that the necessary conditions need to be maintained for continued North-South cooperation across a range of areas, including the environment. This should be done “in full respect of Union law”.

2.3In her letter, the Minister explained that, during negotiations between the Council and the European Parliament, the following changes were made concerning chemical parameters:

2.4The Minister noted that the outcome goes beyond World Health Organisation (WHO) guidelines. For EDCs, the WHO has indicated that there is no evidence of risks to human health from drinking water and, so far, has only recommended monitoring for the two most common PFAS compounds. This additional analysis, said the Minister, would have cost implications for water companies and local authorities.

2.5On lead, the strict standard (5 micrograms per litre) must still be met within 15 years, but only in the supply system. It needs be achieved in houses and buildings only where technically and economically feasible. The Minister noted, in conclusion, that — despite the UK’s withdrawal from the EU — the UK will still consider the effects of the changes made to the Directive but that anything that one or more of the UK administrations chooses to amend in domestic legislation will be for domestic benefit rather than as a result of an EU obligation.

Action

2.6We note that, despite EU withdrawal, the UK will still consider the effect of the changes made to the Directive. For Northern Ireland, that assessment will need to take into account shared responsibilities across the border. We are drawing the letter to the attention of the Northern Ireland Affairs Committee, which may wish to reflect on any further action required in this devolved policy area. We are also drawing the letter to the attention of the Committee on the Future Relationship with the EU given that our assessment engages the Ireland/Northern Ireland Protocol and may therefore be of interest. We require no response from the Minister.


21 Proposal for a Directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast); 5846/18 + ADDs 1–5, COM(17) 753; Legal base: 192(1) TFEU, QMV, Ordinary Legislative Procedure; Department for Environment, Food and Rural Affairs; Devolved Administrations: Consulted; ESC number: 39487.

22 Most recently considered on 19 June 2019: Sixty-eighth Report HC 301–lxvi (2017–19), chapter 1 (19 June 2019).




Published: 17 June 2020