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Flood and Water Management Bill

My Lords, I shall speak to Amendments 21 and 51, which are tabled in the name of my noble friend Lord Taylor of Holbeach. In this group of amendments, we are concerned with parliamentary oversight of the Environment Agency’s work of establishing a national strategy. The Environment Agency has been tasked with a major undertaking that will have an impact on communities and individuals across the country. I do not doubt—indeed, I have every confidence—that the Environment Agency is up to the task. It has a strategy overview for all flood and coastal erosion risks in England and a similar role in Wales, and will retain responsibility for the management of main rivers and sea flooding. I understand and support the reasons for giving this responsibility to the Environment Agency. It has the national reach, the personnel, the expertise and, perhaps most of all, the resources to conduct this strategic national overview. The agency is very properly tasked with consulting not only English risk management authorities but also Welsh Ministers and Scottish Ministers. However, because of that and because there is so much work and public money involved, I would be grateful if the Minister could give us some indication of the expected costs of establishing a national strategy. Since the contents of the strategy will affect so many people, it is vital that we exercise parliamentary oversight. It is clear from the introductory debates that we have had today that there is great interest in the Bill in this place, which reflects much wider public interest. What happens in the national strategy will be of great significance to local communities who will need through their lead local authority to co-ordinate their own efforts with the measures recommended nationally. It is incumbent upon us as parliamentarians to make certain that the Environment Agency’s proposals are realistic, workable and proportionate. Your Lordships' Committee on Delegated Powers and Regulatory Reform rightly points out that when the Environment Agency has produced its national strategy it may issue guidance about the application of the strategy. Clause 11(1) requires that the relevant authorities, ""act in a manner which is consistent with the … guidance"." My noble friend Lord Taylor of Holbeach has tabled amendments, which we will debate shortly, which question the requirements for consistency. However, for present purposes, we simply need to note the committee’s surprise that compliance with the guidance is mandatory. In other words, what happens in the national strategy will matter locally. Having a parliamentary check on what is going on is essential. Amendment 21 was designed to do the same thing as some of the government amendments, and noble Lords on the Liberal Democrat Benches seem to be thinking very much on the same lines with their amendments, which are to involve Parliament. I was slightly puzzled by Amendment 17 and am rather glad that the noble Lord, Lord Greaves is not asking us to address it. There is a great deal to be admired in the Bill, not least its structure of reciprocity between national and local authorities. As well as establishing the national strategy, at a local level regional flood and coastal communities will provide a local overview to ensure that local strategies are being developed and that flood risks are being managed appropriately and consistently. To support this, the Environment Agency will be required under Clause 18 to submit a report to the Minister on the state of all flood and coastal erosion risks in England, with a separate report for Welsh Ministers. What goes into these reports will be of considerable and widespread interest. Our Amendment 51 suggests that the agency’s report should be laid before Parliament for approval. That may not be entirely necessary, but I should like Parliament to be given a chance to consider the reports. We are establishing a new approach to risk management in this Bill, and we should keep an eye on how these changes progress. This is a new process, and we should all be eager to improve on it when it needs to be improved and strengthen it whenever possible.