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Flood and Water Management Bill

My Lords, I am grateful to the noble Lord for moving his amendment, and I hope that I can reassure the noble Lords, Lord Dixon-Smith and Lord Cameron of Dillington, and the noble Earl, Lord Cathcart. Amendment 23 would add risks from breaches and the overtopping of seawalls to the definition of a local flood risk in Clause 9, which would then need to be covered alongside surface run-off, ground water and ordinary water courses in the local flood authority’s strategy for local flood risk management in its area. This does not make sense, as flooding from the breaches of seawalls can extend large distances inland in areas such as the Wash, the Romney Marshes and the Somerset Levels. It is therefore important that the Environment Agency, rather than the lead local flood authority, considers the strategic approach on a catchment basis. Amendment 41 would replace "A coast protection authority" with, ""An authority with responsibility for flooding resulting from the breaching or over-topping of sea-walls"," in Clause 13(6). This provision has been drafted to give a coast protection authority the power to enter into arrangements with another person to carry out functions in relation to coastal erosion risk. This amendment, together with Amendment 23, would give a lead local flood authority power to enter into arrangements with another person to carry out functions in relation to coastal erosion. However, under the Bill, a lead local flood authority has no coastal erosion risk management functions. These are the functions of coast protection authorities under the Coast Protection Act 1949, so this amendment would have no beneficial effect. Furthermore, by removing the reference to coast protection authorities, the amendment would remove their powers to enter into arrangements, which would seriously impede their capacity to co-operate in carrying out their functions. At present, the authorities with responsibility for the breaching or overtopping of seawalls, as the noble Earl, Lord Cathcart, rightly said, are the Environment Agency and the internal drainage boards, as well as district councils in areas in which there is no internal drainage board. Such breaching or overtopping may also be the responsibility of a coast protection authority, which is a maritime district council, where the event is linked to coastal erosion. The Bill already provides for the delegation of sea-flooding functions through Clause 13(4), although this arrangement may be only with other risk management authorities and for the delegation of coastal risk management functions by a coast protection authority through Clause 13(6). We therefore take the view that this amendment is unnecessary to ensure that a body that has the responsibility for dealing with floods caused by breaching or overtopping has the powers to arrange for another to exercise its functions. In addition, the amendment is unclear and would produce a result that was more detrimental than the present circumstances. In the circumstances, I very much hope that the noble Lord will be willing to withdraw it.