Emma Hardy MP: speeches 2025

Speeches

• 4 Mar 2025 · Bathing Water Regulations · Hansard source

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  I wholeheartedly agree with my hon. Friend. I know that he cares deeply about this issue and has spoken to me many times about the importance of cleaning up rivers, lakes and seas. I would like to think it is something that we are united on. Many stakeholders, many people and many Members have called for bathing water regulations to be updated to reflect the new ways in which we are using our waters or falling into our waters, whatever it might be, and to continue to support public health outcomes. It would be irresponsible for us not to consider public health when we are thinking about designation. We are a Government who listen. We are a Government who believe in co-production. We are a Government who actively engage. I encourage all Members to contribute to the water review. It is out there now; the consultation is only open for the next seven weeks, so please do not lose the opportunity to have your say. I put on the record my thanks to all the environmental campaigners, Surfers Against Sewage and all those organisations involved in supporting our clean rivers, lakes and seas.

• 26 Feb 2025 · Draft Flood Reinsurance (Amendment) Regulations 2025 · Hansard source

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  I beg to move, That the Committee has considered the draft Flood Reinsurance (Amendment) Regulations 2025. It is a pleasure, as always, to serve under your chairwomanship, Ms Vaz. The regulations were laid before the House on 15 January. As most of the Committee will know, Flood Re is a reinsurance scheme that provides for accessible and affordable flood insurance for eligible households. This joint Government and industry initiative was launched in 2016, and it was designed to improve the availability and affordability of UK household flood insurance. For clarity, Flood Re Ltd is the name of the company established to administer the scheme. Since its launch, Flood Re has provided for flood insurance cover to more than 500,000 households across the UK that are at risk of flooding. Before Flood Re, only 9% of policyholders with a prior flood claim could get flood insurance quotes from two or more insurers, and none could get quotes from five or more insurers. In 2023-24, 99% of households at high risk of flooding could obtain quotes from 15 or more insurers. The Flood Re scheme has evolved since its launch back in 2016. When levy 1 was last reviewed in 2022, the regulations were changed to allow for Build Back Better to be included in the scheme, allowing for up to £10,000 to be offered as part of a post-flood claim to install flood-resilient measures at the property, helping to reduce the risk and impact of future flooding. Flood Re has taken several steps to encourage take-up of its Build Back Better initiative, including running a series of workshops and developing a toolkit for insurers. I am pleased that insurers representing some 77% of the UK household insurance market are now committed to offering Build Back Better to their customers, whether or not they have policies ceded to Flood Re. All Members will know that this is something about which I care deeply, and I want all insurers to offer it before too long. I pressed home this point when I met industry representatives at my insurance roundtable last year. However, consumer influence is far greater than mine, so I encourage everyone to ask whether Build Back Better is included when considering or renewing their household insurance policy. Of course, the Flood Re scheme is a joint initiative between Government and the insurance industry, and we are going further than the previous Administration to invest in flood defences. As part of this Government’s plan for change, a record £2.65 billion has been committed to better protect 52,000 properties by March 2026. Maintenance of existing flood defences will also be prioritised, ensuring that a further 14,500 properties will have their expected level of protection maintained or restored. This means that a total of 66,500 properties will benefit from this funding, which will help to secure jobs, deliver growth and protect against economic damage. We will focus on fixing the foundations of the nation’s flood defences and giving communities confidence that flood defences will protect them. We are reprioritising £108 million of investment towards repairing and restoring critical assets, including £36 million this year to target repairs at assets damaged by storms last winter and by ongoing flood events. A further £72 million will go towards continuing those repairs, and ensuring that assets are as resilient and reliable as possible, and that they operate as expected during flood events. We are also investing in new defences by making £140 million available to allow 31 schemes to progress to construction, ensuring that nearby communities are protected as soon as possible. Returning to the specifics of this statutory instrument, Flood Re Ltd regularly and continuously monitors the risk in the market it is supporting to ensure it is in a position to continue enabling affordable flood insurance for those who need it. To do so, Flood Re Ltd is required to purchase reinsurance on a three-year basis. Taking into account changes in risk, claim profiles and the expected increase in the number of household flood insurance policies ceded to it, Flood Re Ltd has projected that its liabilities could increase from £2.1 billion to at least £3.2 billion over the next three years. That is the level of cover it needs to purchase. In addition, the global reinsurance market has become more challenging since Flood Re Ltd last negotiated its three-year reinsurance cover. Events around the world have affected the risk appetite of those providing reinsurance, meaning that the market Flood Re Ltd can purchase from is both more volatile and more expensive. All these factors combined have resulted in Flood Re Ltd proposing this increase to levy 1 so that it can afford to purchase its required reinsurance and continue to provide the access to affordable insurance that we all recognise the need for. I reassure colleagues that this proposal was well scrutinised before reaching the House for approval, not only by policy and financial officials in the Department for Environment, Food and Rural Affairs, but also by colleagues in His Majesty’s Treasury. This scrutiny has been informed by the Government Actuary’s Department, which has advised that the increase to levy 1 is necessary to ensure the scheme’s viability. It will also minimise the risk of Flood Re needing to implement levy 2 on the industry. I recognise that any increased insurance costs are unwelcome at any time. The cost of increasing levy 1 is spread across all insurance companies offering UK household insurance, proportionally based on their market share. Although this is an increase to the current annual levy 1, hon. Members will all recognise that it remains well below the £180 million a year that was in place when Flood Re was established. We can be confident that Flood Re Ltd has done its due diligence in seeking this increase, and we can be reassured that it would not be asked for if it were not needed. By using existing capital, Flood Re Ltd is keeping the increase to 18%, while its reinsurance costs are expected to more than double. The reduction from £140 million a year to £135 million a year three years ago also demonstrates Flood Re Ltd’s commitment to its responsibility for keeping the levy as low as possible. [ Official Report, 27 February 2025; Vol.762, c. 14WC.] (Correction) In summary, this statutory instrument allows for a necessary change to the Flood Re scheme by amending regulation 8(2)(a) of the Flood Reinsurance (Scheme Funding and Administration) Regulations 2015 to increase levy 1 placed on UK household insurance providers, from £135 million a year to £160 million a year, from 1 April 2025. This change will allow Flood Re Ltd to manage its changing risk profile, and to continue to operate the scheme effectively for those who benefit from it—notably, those households that would otherwise find it challenging to secure flood insurance—while also ensuring that the total levy is no higher than needed. Failure to increase levy 1 from April 2025 risks undermining Flood Re’s ability to provide flood cover to UK households. I emphasise that this statutory instrument is necessary to ensure the effectiveness and continuation of the Flood Re scheme and its ability to provide affordable flood cover for the increasing number of homes in the UK that are at risk of flooding. I commend the draft regulations to the House.

• 26 Feb 2025 · Draft Flood Reinsurance (Amendment) Regulations 2025 · Hansard source

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  I thank all hon. Members who have contributed to the debate. As has been mentioned, flooding affects so many of us. The shadow Minister, the hon. Member for Epping Forest, was right to highlight its mental health impact; we are united on that issue. It is no surprise that there has been lots of interest in the regulations, and I will do my best to cover all the points that have been raised. Not all of them were directly related to the SI, but those that were not were on no less important issues. The shadow Minister mentioned the desire for eligibility for the Flood Re scheme to be extended. There are no plans at this time to make changes to the scheme; however, we keep all policies, including those related to flood insurance, under review, and hon. Members’ observations in this debate—and, to be honest, at DEFRA oral questions and in many other debates—are invaluable in helping to inform those considerations. If any changes were made to the scheme in future, they would have to be able to secure appropriate reinsurance, which would be challenging in the current market. Indeed, the reason that the regulations are necessary is that it has been challenging to find affordable reinsurance for the industry. I just flag that none of the options are cost free; all of them come with a cost, and all of them would require being able to find the reinsurance in the market at the time. It might be worth putting this into the wider context in which we see the world, too—I will not go too far down the rabbit hole—and flagging that insurance is purchased globally and influenced by global events. The levy we are discussing would undoubtedly have to be increased if we were looking at any kind of increase to the scheme. The shadow Minister also mentioned businesses. Business insurance operates very differently from household insurance; it is often bespoke, based on the individual nature of the business. Extending the scope of Flood Re to include businesses would fundamentally change the scope and the intention of the scheme, which was established to support householders who are unable to source affordable flood insurance. Any change to include any part of the commercial sector would necessarily create a new levy on all businesses, which is unlikely to be welcomed. Thinking through the implications of what the shadow Minister said, obviously, businesses are very different in nature, and if we were to create a similar scheme, we would be raising a cost on every business, in the same way that Flood Re works at the moment. There are already a number of products offered to businesses by industry, such as the British Insurance Brokers’ Association commercial property scheme, which is there to help small and medium-sized enterprises. The shadow Minister also suggested including buildings built after 2009, but doing so would contradict planning policy. The national planning policy framework is clear that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas of highest risk, including floodplains. Where development is necessary, and where there are no suitable sites available in areas with a lower risk of flooding, local planning authorities and developers should that ensure development is appropriately flood resilient and resistant, and safe for its users and for the development’s lifetime. We are committed to building more high-quality, well-designed and sustainable homes, and creating places that increase climate change resilience and promote nature recovery. Planning was also mentioned. I am wary that we are straying into another Department’s responsibility, but I will do my best to address the issues as they relate to flooding. We are committed to building new homes and promoting nature recovery. In July 2024, the Government issued a consultation, inviting views on proposed reforms to the national planning policy framework to achieve sustainable growth, including views on the potential improvements to planning policy for flood risk. If developments need to be in locations where there is a risk of flooding as alternative sites are not available, they should be flood resilient and resistant, and safe for their lifetime, and really importantly they should not increase flood risk overall. The food resilience taskforce was mentioned. It has met as an entire body twice. The idea is that everybody on the taskforce meets—it has about 30 members—and then we commission sub-groups to deep dive into some areas. Those groups then report back to the main taskforce. For example, on nature-based solutions, which the shadow Minister and I both care about, a sub-group of the original taskforce went away and looked at that in detail. It will then report back to the main taskforce. The main taskforce is like a large convening body that includes National Farmers Union representatives, a Cabinet Office Minister and representation from the Ministry of Housing, Communities and Local Government—all the bodies are represented—and we then go away and look at things in detail. As a result of the most recent taskforce meeting, a smaller group is going to do a deep dive into flood warnings. A smaller group from the taskforce—not all 30 members, but the relevant ones—will go away and do that piece of work, which then feeds back to the taskforce and reports back to everyone. It is envisaged that the big group will meet just a few times a year, and in between smaller groups will do deep dives into some of the particular issues. Rather than getting 30 people together every week, it feels more sensible to get those people together to look at the bigger picture and then have smaller groups doing deep-dive work into individual issues. That is the structure of the taskforce; I hope that reassures the shadow Minister as to how we intend it to work. On frequent flooding, the flood funding formula review is looking at how it all works. The shadow Minister is right to highlight that the previous Government had the flooding formula and then the frequently flooded add-on. They then had another add-on for nature-based solutions. My vision—of course, this is subject to consultation, so Members should feed in their views—is that the flooding formula should incorporate those people at risk of frequent flooding, as well as nature-based solutions. Rather than having a formula to which we are almost sticking things to try to make it work, the formula itself should encompass many of the different issues. That is going to be out for consultation and, as I say, I am keen to hear feedback through that consultation about how the formula will work. The formula was originally based only on the number of properties protected, which meant that it seemed to disadvantage people from rural communities because they were not as adequately represented because, by their very nature, rural communities have fewer properties. It is really important that we look at how that works. The shadow Minister mentioned the importance of the frequently flooded aspect and, yes, that must be part of the formula—not an add-on but an integral part of it. I completely agree that it is important to get the information that people need. Each of us as leaders in our local communities can have a role in this. It is not just about flood alerts. The other thing that I am currently playing with in my mind is my feeling that people do not know what to do when they get a flood alert. It is not just about getting a flood alert; do people know what they need to do in that situation? I am thinking about how we can work across the House not only to encourage all our constituents to sign up for flood alerts but to say what they need to do when they get one. There are simple things—for example, so much damage could have been prevented in the last period of flooding if people had moved their cars. We want people to take those kinds of actions. How do we get that behaviour change so that when a flood alert comes people say, “Right, I’ve got to go and do this”? I am really keen to work with colleagues across the House on that. Reinsurance and the increasing risk is also incredibly important. After this measure Flood Re will be buying three years’ worth of reinsurance, so for the next three years there will be enough reinsurance to cover all the properties needed. At the end of that three years, we might be here again talking about the flood insurance costs going up and having to rebuy it. Coastal erosion is not part of Flood Re, because Flood Re is based on flooded properties, but I absolutely hear the hon. Member for North Norfolk’s point about the devastation caused by coastal erosion. My constituency is in Hull, but I am very near to the east coast and can see exactly what is happening there, where the roads and caravans are disappearing. I have nothing but sympathy and support for the people impacted. I know that East Riding of Yorkshire council has been working on this issue, and the hon. Gentleman’s local council will be working with the Environment Agency to come up with a coastal change plan. I encourage him to talk to the area director and the council and get them to explain their plan to deal with coastal erosion. DEFRA helps to fund that work, but it is not strictly part of the Flood Re scheme. I hope I have covered most of the points raised, so let me turn back to the statutory instrument. I thank all Members for their support for the SI, which will ensure that Flood Re is able to purchase all the necessary reinsurance at the best possible price, so that it can continue to be dynamic in meeting the needs of those the scheme is intended to support. If the increase was not supported—although it is, so thanks everyone— Flood Re would have to look at other sources of income. It is good that it is not in that position. I commend the draft regulations to the Committee. Question put and agreed to. Resolved, That the Committee has considered the draft Flood Reinsurance (Amendment) Regulations 2025.

• 11 Feb 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I am delighted to have another opportunity to debate this transformative Bill in this Chamber. I thank all Members for continuing to take an interest in this important piece of legislation, which demonstrates our shared commitment to improving the water sector. Today, this House will consider amendments made in the other place. I recognise that there is huge interest across this House in wider issues relating to water. Though our debate today is solely focused on the changes made to the Water (Special Measures) Bill in the other place during the Lords’ consideration of Commons amendments on 5 February, I look forward to future opportunities to discuss wider concerns and actions, for example through work relating to the independent commission. I turn first to the changes made in the other place that would require water companies to regularly report to Ofwat on their financial structure, and to ensure that that information could be readily accessed and understood by the public. It is important to highlight that water companies are already required under their licences to publish by a set date financial performance metrics within their annual performance reports. That includes the interest on their borrowings, their financial flows and an analysis of their debt. If water companies do not comply with these licence conditions, Ofwat can take enforcement action, including issuing fines. However, the Government recognise that there is an opportunity to make financial data more accessible for members of the public. The Government have therefore worked at pace with Lord Cromwell and Ofwat to develop a way to achieve our shared objective of improving the transparency and accessibility of reporting on key financial metrics. The insertion of a new section 35E into the Water Industry Act 1991 will make it clear that water companies should provide an intelligible overview of their financial position at least once a year. That overview should include a summary of the significant changes that have taken place over the past 12 months, and will cover key aspects of water companies’ financial position, such as their share capital and debt.

• 11 Feb 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I beg to move, That this House insists on Commons Amendment 1 to which the Lords have disagreed, disagrees to Lords Amendment 1B, to the words restored to the Bill by the Lords’ disagreement to Commons Amendment 1, and proposes Amendments (a) and (b) to the Bill in lieu of the words left out by Commons Amendment 1.

• 11 Feb 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I thank the hon. Gentleman. As I have said throughout, he will have to wait and see, but to imply that legislation is required for the fund would be dishonest. I am sure the hon. Gentleman does not want his honesty to be questioned. The implication that legislation is required for the water restoration fund is simply not true. As I outlined in my opening speech, I recognise that there remains a strong interest in issues wider than the scope of today’s debate. I reiterate that the Bill is not the limit of our ambition. The Government will continue to work with hon. Members across the House to discuss and make progress in addressing the fundamental issues facing our water sector. The hon. Gentleman mentions the words “time to time”. The wording has been specifically designed to allow Ofwat to review requirements as and when appropriate, and adapt quickly where needed. We do not want to pre-empt how often this kind of review might need to take place. To reassure him, that was discussed at length in the other place. On parliamentary scrutiny, the Government worked with Ofwat to offer peers and MPs an opportunity to raise questions on Ofwat’s rules in a parliamentary drop-in session, providing further insight on the rules. However, that proposal was not accepted by hon. Members’ colleagues in the other place, which feels like a shame. It has always been our intention to bring about, through the Bill, meaningful change in the performance and culture of the water sector. The amendments tabled by the Government are in keeping with that objective. I hope the House will support the Government amendments, which will ensure that the public can easily access an overview of water company financial information, and will give Ofwat a duty to issue rules on financial transparency that will commence on Royal Assent. Together, the amendments will enable the Government to take another positive step forward in restoring public trust in the water sector, which has sadly been destroyed over the past 14 years. Similarly, I hope the House will support the Government in bringing forward amendments to ensure that Ofwat’s rules are brought forward promptly and that its independence is protected. The Government acknowledge the intention behind the changes made in the other place, but we cannot accept the risk that they create in delaying the introduction of Ofwat’s rules. I therefore hope that Members across the House will also support the Government in ensuring that these vital rules are brought forward without delay.

• 11 Feb 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  With the leave of the House, I thank all hon. Members for their thoughtful and valuable contributions to today’s debate. Without stepping into the territory of a Second Reading debate, I suggest gently to the House that we are here today debating the Water (Special Measures) Bill precisely because of the public outrage caused by previous lack of investment, and the fact that every single river, lake and sea in our country has been polluted. Had the previous Government, as stated by the now official Opposition, done the marvellous, wonderful job that they seem to want to suggest they did, there would not be the need for this Bill in the first place—neither would there be the need for all the campaigns that have taken place up and down the country. However, I will go no further into that. I have respect for the hon. Member for Epping Forest (Dr Hudson), as he knows. However, I say gently that it is dishonest to suggest that legislation is needed for the water restoration fund, because, in fact, the Conservatives created the fund without legislation. To imply that legislation is required to have the fund would, therefore, be inadvertently dishonest. It was created without legislation, and therefore it does not need legislation to be held.

• 11 Feb 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I thank my hon. Friend for his intervention. I know how much he cares about this and many environmental issues. Amendment (a) refers only to the reporting arrangements for levels of debt rather than specifying the levels of debt that would be acceptable. It is about increased transparency, whereas his points fall more into the remit of the water commission, which is looking at all those issues as part of its wider work. I stress that the amendment is just about how information is reported and transparency. The information must be made available in a prominent place on the water company’s website, ensuring accessibility for members of the public. Subsection (4) of proposed new section 35E also provides Ofwat with the power to determine the information that a water company must publish, as well as the ability to review requirements on financial reporting from time to time. That addition will ensure that reporting requirements keep pace with changes in the expectations and needs of bill payers. I would like to be clear, however, that the Government expect the power to be used to ensure that reporting requirements remain relevant, rather than to dilute or diminish the ambition of reporting requirements. Financial reporting will also continue to be underpinned by pre-existing statutory obligations and licence conditions. In line with other requirements brought forward in clause 1, this new requirement will commence on Royal Assent. These amendments will help to rebuild public trust in the sector and provide the public with the levels of openness and transparency that they deserve. I turn to the other Government amendment, which relates to the requirement for Ofwat’s rules to be confirmed by way of affirmative statutory instrument, as reintroduced by the motion tabled by Lord Blencathra in the other place. While the Government recognise that there were calls in the other place for increased parliamentary oversight of Ofwat’s rules, we have significant concerns that a requirement for Ofwat’s rules to be finalised through an affirmative statutory instrument would delay the rules being implemented. We are clear that Ofwat’s rules should be brought forward as soon as possible. That will ensure swift and meaningful improvements in the performance and culture of water companies as they begin to deliver on the largest investment package in the history of the water sector. Requiring the rules to be confirmed by statutory instrument would risk delay to the rules coming into force. We also maintain concerns that the Lords amendments would compromise the independence of Ofwat, because they would require Ofwat’s rules to be confirmed through legislation prepared by the Government. That independence must be protected if we are to ensure investor confidence in the water sector. The Government are confident that the Bill already provides for sufficient scrutiny of Ofwat’s rules as it is required to conduct a statutory consultation on the rules before they are finalised. Separately, Ofwat has already concluded an initial policy consultation on a draft of the rules and how they will apply. It received 11,700 responses on the rules through its consultation, which it is actively considering. As such, the Government are seeking to reverse the requirement and to introduce provisions in its place that will require Ofwat to provide its first set of rules in draft to the Secretary of State at least seven days before they are issued. I hope that hon. Members across the House will support that change, which will ensure that Ofwat’s rules are put into place as soon as possible following Royal Assent, in addition to the Government’s amendments to introduce new financial reporting requirements.

• 11 Feb 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I am very happy to issue that correction. Question put . A Division was called.

• 6 Feb 2025 · Flood Preparedness Projects · Hansard source

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  The hon. Lady is right to highlight that under the previous funding formula, rural communities often missed out on the defences they desperately need. We have set out plans to consult on a new formula that is going to be announced fairly shortly, and she will be very welcome to contribute to that.

• 6 Feb 2025 · Flood Preparedness Projects · Hansard source

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  The hon. Lady is right to point out how angry farmers are and how they feel they have been let down by the previous Government on flood defences. The previous formula allocated funding only based on numbers of properties protected and paid little regard to rural areas. She also mentioned one of my favourite themes: natural flood management. We recently held a roundtable on that, with representatives from the NFU and the Country Land and Business Association, to talk about how we can better protect our rural areas in a more nature-friendly way.

• 6 Feb 2025 · Flood Preparedness Projects · Hansard source

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  The first duty of any Government is to protect our citizens, so we are investing a record £2.65 billion over two years in building, maintaining and upgrading flood defences, which will protect 66,500 properties across England.

• 6 Feb 2025 · Flood Preparedness Projects · Hansard source

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  I think I will be getting a lot of questions like this today, Mr Speaker. We will announce where the 31 projects will be by the end of March. We will also be looking at where we have had to put money into maintenance and upgrading defences. We were left with flood defences in their worst state on record because of a complete dereliction of duty by the previous Government, so we have had to prioritise maintenance as well as building new defences, but I am hoping that the hon. Gentleman will not have to wait too long.

• 6 Feb 2025 · Flood Preparedness Projects · Hansard source

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  My hon. Friend makes a persuasive case, as she has done at every oral question time we have had so far. She is right to highlight the fact that not only did the previous Government leave our defences in the worst state on record, but they failed to spend some of the money that had been allocated. This Government are having to deal with that, along with the many other issues we are cleaning up.

• 6 Feb 2025 · Flood Preparedness Projects · Hansard source

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  I thank my hon. Friend for his question, and may I congratulate him on his recent engagement? He is right to point out the importance of money being spent wisely now to save money in the future. There are a couple of interesting factors: every £1 we spend on maintenance of flood defences saves £13 in damage prevention, and every £1 we spend on new defences saves £5 in damage prevention. Those are important statistics that I use frequently in negotiations about future spending reviews with Treasury officials.

• 6 Feb 2025 · Topical Questions · Hansard source

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  I thank the hon. Lady for her important question. The Government are developing a series of interventions to reduce emissions, so that everybody’s exposure to air pollution is reduced. We are also conducting a comprehensive review of how we communicate air quality information, to ensure that members of the public and vulnerable groups have the information they need to protect themselves and understand the impact on air quality. Of course, no further decisions have been made regarding other developments.

• 6 Feb 2025 · Topical Questions · Hansard source

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  I thank my hon. Friend, who is right to highlight how the previous flooding formula discriminated against rural communities because it was based purely on the number of properties protected, not on creating the right solution in the right area. That is exactly why we wish to reform the formula, and we will be announcing a consultation very shortly.

• 6 Feb 2025 · Topical Questions · Hansard source

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  I thank my hon. Friend for raising this important issue and for the work he is doing in championing what is obviously a crucial issue for his residents. I would of course be happy to meet him.

• 28 Jan 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I thank Members for their constructive engagement throughout this debate. As I have said before, it is wonderful to hear the shared passion across this House for improving the performance of the water sector so that it better delivers for customers and the environment. Given the limited time that I have to address over 50 amendments—I am not looking in any one direction—

• 28 Jan 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  What a delight it is to be back in the Chamber debating this transformational Bill. I will keep my opening comments brief, because I know that many want to speak, and I will respond to amendments tabled by hon. Members when closing this debate after hon. Members have spoken to them, as is established practice. I want to start by thanking all members of the Public Bill Committee for their careful consideration and scrutiny of the Bill and, dare I say, their comradery in discussions and debates. It is clear that this is an area that everyone acknowledges is in need of change and reform. I also thank the Chairs, the hon. Member for Brigg and Immingham (Martin Vickers) and my hon. Friend the Member for Ealing Central and Acton (Dr Huq). It was a pleasure to serve under them. Since being in Committee, I have had several further insightful conversations on the Bill with Members from across the House and on the amendments tabled by the Government for consideration on Report, which I will take the opportunity to speak to now. I will start with Government amendment 4, which is a minor and technical amendment that ensures that clause 10 encompasses new enforcement functions arising from the changes made to clause 2 in the other place. Government amendment 4 clarifies that cost recovery powers for the Environment Agency, expanded by the provisions in clause 10, also extend to costs incurred when enforcing the requirement to publish implementation plans. That requirement was added on Report in the Lords after cross-party discussions and collaboration. The amendment also clarifies that EA cost recovery powers concerning both pollution incident reduction plans and implementation reports are available for plans covering areas that are wholly or mainly in Wales, as well as for plans covering England, which are already included in clause 10. Such clarifications ensure that the EA regulators in both England and Wales can fully recover costs for the extent of their water company enforcement activities and carry out their duties and functions effectively. The Government have tabled amendments 5 to 7 in order to commence clause 1 on Royal Assent. That will give Ofwat and companies certainty on when the powers to make rules on remuneration and governance will come into force and will therefore be useful to companies in planning for the 2025-26 financial year. Commencement of clause 1 on Royal Assent will ensure Ofwat can implement its rules as soon as possible following its statutory consultation with relevant persons, which include the Secretary of State, Welsh Ministers and the Consumer Council for Water. I know that some Members have expressed concerns around the timeline over which Ofwat’s rules will come into effect. I therefore hope the alteration to the commencement provisions for clause 1 will reassure those Members that the Government and the regulators are absolutely committed to ensuring Ofwat’s rules are put in place as quickly as possible. I now turn to new clause 18, which is the most substantial of the Government amendments. As I have stated before, this Government are a Government of service, and we are absolutely committed to taking action to address water poverty. We are working with industry to keep existing support schemes under review to ensure vulnerable customers across the country are supported. We also expect companies to hold themselves accountable for their public commitment to end water poverty by 2030 and will work with the sector to ensure appropriate measures are taken to deliver that. That is why we have tabled the new clause, which adds to the existing powers to provide for special charging arrangements for customers in need. The new provision will enable water companies to provide consistent support for consumers across the country. It will also allow for automatic enrolment on any future scheme and broader information sharing between public authorities and water companies. The clause imposes a requirement for consultation on any future scheme, and it also amends the Digital Economy Act 2017 to ensure that water companies identify eligible customers and that they get the full support to which they are entitled.

• 28 Jan 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I am sorry, but I will have to stop taking interventions if I am to respond to all the amendments. Water UK has published a centralised map on its website of discharge data from all storm overflows operated by English water companies. I genuinely found it clear and useful, so I encourage all hon. Members to have a look. I have heard calls from across the House for reforming the planning frameworks, the regulators and the incentives that govern the water industry model. Although I understand and, believe me, fully share hon. Members’ frustrations with the performance across the water sector, the fundamental issues facing the water industry and the regulatory framework in which it operates can no longer be addressed in a piecemeal way. I have spoken at great length throughout the Bill’s passage about the independent commission led by Sir Jon Cunliffe, which will make recommendations to fundamentally transform how our water system works. The broad-ranging commission is bringing together a wide range of expertise to make recommendations in line with eight objectives to deliver the necessary reset to ensure a resilient, innovative and sustainable water sector in England and Wales. It will report to the Government by summer 2025. This includes specific objectives to review the roles, structures, duties and powers of the regulators, the planning frameworks—including the price review process—and the resilience of water companies. That includes financial resilience, which I know matters to many hon. Members. Points have been raised about taking water companies into public ownership, and the Government have repeatedly made it clear that we do not consider nationalisation to be within the commission’s scope. Nationalisation would cost over £90 billion, and it would take years to unpick the current ownership model, at the expense of delivering and addressing more immediate public priorities. However, the commission will consider alternative water industry models within its scope. I take this opportunity to invite all hon. Members to put forward their views to the commission through the upcoming call for evidence, which will be launching soon.

• 28 Jan 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  This is going to be my last one.

• 28 Jan 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I thank my hon. Friend for her intervention. I would have thought that this would be an important issue for all political parties.

• 28 Jan 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  I have two minutes remaining, so I have to skip through as much as I can, as I know Members will want me to answer questions, particularly on the SAR. Some hon. Members have expressed concern about the rules on performance-related pay and consumer representation. Although the Government agree it is crucial that consumers’ voices are heard and considered in water company decision making, we have already taken action on this. It is not necessary to require environmental experts to be placed on company boards because, following the agreement made with my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs in his first week in office, nine of the 16 companies have updated their articles of association to include a social and environmental commitment. DEFRA is working with all of them to ensure they do the rest as soon as possible. I agree with the hon. Member for Westmorland and Lonsdale (Tim Farron) about the representation of environmental non-governmental organisations on company boards. Members of water company boards are subject to a number of duties under the Companies Act 2006, including a duty to promote the success of that company. A director’s fiduciary duties may conflict with the organisational objectives of the environmental group in question, thus preventing their objective participation in board membership. We cannot have a situation in which an environmentalist on a water company board is not comfortable with their duty to promote the success of that company. I produced a factsheet detailing how the SAR is used to ensure the continued provision of vital public services. However, I remind the House of the facts. I am being very clear: the shortfall recovery power can only be used to recover shortfalls in repaying Government funding. For the last time, I hope, it cannot and would never be used to recover financial creditor or shareholder losses relating to investment in the company. If the amendments were accepted as proposed, it would involve a radical change to insolvency policy, which has been a long-established practice since 1986. Question put and agreed to. New clause 18 accordingly read a Second time, and added to the Bill.

• 28 Jan 2025 · Water (Special Measures) Bill [Lords] · Hansard source

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  This Bill will, of course, empower Ofwat to take necessary action where it finds wrongdoing, including through changes to remuneration under clause 1. I know my hon. Friend cares a lot about this.