My Lords, I am delighted to support the noble Duke, the Duke of Wellington, in his amendment. On the face of it, this does seem an omission, given that clauses from Clause 83 onwards deal specifically with water quality, yet it does not appear as a specific target.
I declare my interests in the register and that I co-chair the All-Party Water Group. I worked for five years with the water regulator for Scotland—WICS, the Water Industry Commission for Scotland—and I have co-authored two reports on bricks and water which deal with water issues specifically in relation to housing. I am also vice-president of ADA, the Association of Drainage Authorities. Drainage boards have a specific role to play, being responsible for ensuring that lower-lying watercourses of below either eight metres or eight feet—I cannot remember which—flow as smoothly as they should.
Amendment 4 is commendable, and I congratulate my noble friend the Duke of Wellington on bringing it forward. Of course we should aim to have the best
water quality, and to ensure that we have clean rivers, that—where possible—farmers can farm less intensively, and that we meet the highest domestic and international water quality standards, as well as seeking to improve our soils. As the noble Baroness, Lady Jones of Moulsecoomb, said, we must have a level playing field to ensure that we are not just improving watercourses in this country but ensuring that products grown on less regulated land and soil do not have a free pass to come into this country through trade agreements.
I would like to address one issue that my noble friend the Duke of Wellington referred to—untreated raw sewage being spilled into our watercourses. I would like to pose the question: why is that happening? It is happening because water companies are being placed in an impossible position. They are obliged to connect to major and smaller developments—to provide clean water and to collect wastewater and sewage coming out. We increasingly see that water companies are obliged to connect, even when they are placed in a situation where they may not be deemed able to do so.
I draw attention to the fact that we are seeing increasing amounts of surface water. This is a relatively recent phenomenon; it was identified for the first time in any significant way in 2007. I am drawing on the experience of Sir Michael Pitt, who was asked by the then Labour Government to write a very comprehensive review of how we should adapt to this new form of surface water flooding. Many of his recommendations have been implemented but many have not.
Subsequently, I am tabling amendments which will address the specific point of raw sewage. One way of dealing with it is to end the automatic right to connect to major new developments. This was called for by Sir Michael Pitt. It will address the specific problem of sewage outflow, particularly where combined sewers overflow and cause a public health issue in many cases—where the sewage overflow goes into existing developments and those residents have to leave. I believe we have asked too much of water companies, without giving them the wherewithal to address this, either through the quinquennial price review, or by allowing them to do whatever they choose to connect—sometimes against their better judgment—to major developments.
A way of addressing that is to ensure that water companies are given the same statutory right to consultation as has now been extended to the Environment Agency. Since the Environment Agency has been granted that right, we have seen the number of houses prone to flooding that are being built significantly reduce. Similarly, I hope we can see that water companies are not placed in an impossible position when it comes to major and significant new housing developments, particularly where they may be built on functional flood plains or land prone to flooding in the shorter term.
I entirely endorse the comments and remarks of the noble Duke, the Duke of Wellington, in moving this amendment about the importance of maintenance. We have to differentiate between the maintenance of major and minor watercourses, ensure that local authorities have the budget and resources to do the maintenance they are required to do and that the Environment Agency oversees it. I pay tribute to
the work of those local drainage boards and landowners who are often responsible for doing the regular and very necessary maintenance on minor watercourses.
This might seem a small amendment but it is very significant, and I hope my noble friend the Minister will look favourably on it, and on the later amendments we will consider in due course. I support Amendment 4.