I will not speak for very long. I am aware—as always—that the Bill is largely concerned with English environmental matters, as environment is for the most part devolved to Scotland, and I have to say, thank goodness for that! The Lords amendments serve to highlight some of the progress that Scotland has made in environmental protection.
In respect of the amendments on the OEP, I should point out that we have already established an independent governance body in Environmental Standards Scotland, which is fully independent of the Scottish Government and answerable to the Scottish Parliament. The Scottish Government were happy to support it, because they know that true independence of regulators is a vital part of their role.
It seems to me that the UK Government’s reluctance to accept independent oversight is one of the main causes of delay to the implementation of the Bill. It strikes me as incredible that one of the cornerstones of environmental protection in England, post Brexit, is an issue still being argued about by this Government. It exposes the fact that our departure from the EU leaves us all very vulnerable to this Government, any future decisions that they might make to slash regulations, and subsequent environmental backsliding. It is also disappointing to note that the Government have resisted calls to take really strong action through the Bill, such as implementing the World Health Organisation’s standards for air quality, which we have done in Scotland. Let me also record again my utter dismay that the Government inserted an amendment via the House of Lords, the intent and outcome of which I still deplore. UK Ministers ignored the express wishes of the Scottish Parliament as detailed in the European Union (Continuity) (Scotland) Act 2021 on a devolved issue, and cut those wishes down.
Let me turn to the amendments on sewage. Water is an area very clearly devolved to Scotland. Scottish Water is a statutory organisation, accountable to the Scottish Parliament. It is owned, if you like, by the people for the people, and that is the way the Scottish people like it. Although we have our own problems with outdated Victorian sewer systems struggling to cope with the “once in a hundred years” events that now seem to be occurring every two to three years, the fact remains that any profits made by Scottish Water are invested in the services and infrastructure of Scotland’s waterways rather than the pockets of shareholders, and that Scottish Water does not carry the stratospheric levels of debt carried by English water companies—and that is the way the people of Scotland like it too.
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Let me be absolutely clear: this is a devolved area, and the amendment clearly states that it concerns English water companies. I think it important to remind the House that there is clear blue water between the situation in England and that in Scotland. Although, as I have said, we in Scotland have our own problems with ageing systems that require large-scale investment in the face of the climate crisis whose real effects we are starting to see in our communities, and no one is suggesting that the situation in Scotland is perfect—indeed, I am certain that this is one of the first issues that Environmental Standards Scotland will look at—the principle that our
water services remain in public ownership is hugely important, and this Government should remember that.
While water is currently exempt from market access principles in the United Kingdom Internal Market Act 2020, delegated powers granted to Ministers in that legislation mean that they can, with very little trouble to themselves, change that situation almost at the stroke of a pen, and with no real reference to the opinions of devolved Governments or, indeed, this Parliament. UK Ministers could submit devolved policy areas to market access principles despite current exemptions, and regardless of the views of the people of Scotland on the matter. Now it is up to the parties of successive UK Governments since privatisation occurred ultimately to explain to the people of England their actions in choosing to place their precious water systems in the hands of profit-driven corporations.
Let me end by saying that if UK Ministers at any stage try to open up the Scottish water supply to market access, the howls of outrage and fury from the people of Scotland will be heard even as far away as this place. I warn the Government of that now.