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Flood and Water Management Bill

My Lords, in moving Amendment 27 I wish to speak also to the other amendments in my name in this group. I note the amendment in the name of the noble Lord, Lord Campbell-Savours, in this group and I look forward to hearing what he has to say. We have been debating for some time how local strategies for dealing with flood risk relate to each other and who plays what role. Indeed, much of the previous debate was on that subject. As I have said before, we are pleased with much of the Bill’s drafting. It recognises—as do we—that putting plans in place to manage water resources and cope with flood risks requires a strategic overview and direct local knowledge. The latter point is crucial because, regardless of how efficient or well managed the Environment Agency is—it is both of these things—it cannot possibly get to know every local stream, flood plain or community and all the needs and expectations that local communities have. In Grand Committee last week, when discussing an earlier group of amendments, my noble friend Lady Knight of Collingtree raised some very pertinent points about how frustrated local communities can become when they do not think that proper attention is being paid to their views. That is unfortunate and should be countered because much of the work that will be done in this area will involve members of the community volunteering their own efforts for the good of their neighbours. There is a vast resource in the knowledge, expertise and experience of local people who have coped with the risk of flooding to their areas, perhaps for generations, and who have very sensible and reasonable opinions on, for example, whether river defences are up to scratch or whether it is a good idea to build thousands of new houses on a flood plain. The Bill is drafted in such a way as to involve local communities, which is certainly welcome. Lead local flood authorities will be responsible for creating strategies that tie in with the Environment Agency's national strategy. Those proposals will, if all goes to plan, involve public consultation and the input of members of the public. That is how it should be. However, our concern is that, when all this has been done, local plans will become subservient to national ones. The requirement in the Bill that local strategies should be consistent with the national one could be a worrying straitjacket on the ability of local authorities to perform their functions in a way that serves their populations in the best way. If that scenario were to arise, I and other noble Lords would find it regrettable and foolhardy. Why should local authorities be deemed to be acting outside the parameters of the legislation if they are doing what is right, regardless of whether it matches what has been set down at national level? I will raise another matter that fits in with this need for local input. Previously, we discussed the key strategic role that IDBs can play, both nationally and, with their local knowledge in management and planning, at local level. I know that the Minister shares my view of their importance. This matter has been drawn to my attention by the chief executive of the Association of Drainage Authorities, Mrs Jean Venables. She was the first female president of the Institute of Civil Engineers, and is the institute’s immediate past president. I have explained my association with that organisation, of which I am vice-president. The IDBs would like some assurance of their role in joint projects. In Committee, I declared my interest in the subject. The IDBs are seeking assurances about whether they will be empowered to sign up for joint projects that will involve the formation of limited liability companies in which they will play a role alongside other public bodies that will be so empowered. If we had been dealing with IDBs in detail in this legislation, we would have had a chance to table amendments on this point; but, as the Minister will know, that element was removed from the draft Bill. The IDBs would like to be part of joint ventures, and have given the example of a project in Lincolnshire where a partnership group has been involved in creating and improving grazing marsh habitat. There are plans to set up a limited company to limit the liabilities of the partners in this future project. I will list the partners: English Heritage, East Lindsey District Council, FWAG, Lincolnshire County Council, Lincolnshire Wildlife Trust, Natural England and Lindsey Marsh Drainage Board. These are all bodies whose aims and objectives we support. Current legislation does not expressly state that IDBs can be part of such arrangements, but neither does it state that they cannot. It would help the situation considerably if the Minister could give some assurances on that point. Further to my amendments in this group, I draw noble Lords' attention to the sixth report of your Lordships' Delegated Powers and Regulatory Reform Committee. There is a copy on the table next to me. As we have noted before, the committee was surprised to see that compliance with national guidelines will be mandatory. However, it goes on to recognise that there is a precedent in the 20 year-old Environmental Protection Act. I acknowledge that earlier the Government introduced their own amendments that will subject the guidelines to parliamentary scrutiny, and in due course we will be able to examine them in detail. But before we get to that point, it is worth examining whether the Government have the balance right. I have proposed that local strategies should "have regard to" the national strategy because it will allow some flexibility for unique local circumstances, which does not seem to be present under the Government’s planned compulsory consistency requirement. I am encouraged by meetings with and briefing papers from the Environment Agency, which has stressed the importance of the agency and local authorities working in partnership and with the support of other local bodies, the better to ensure that the management of flood and coastal erosion risks is co-ordinated and that all risks are managed equally and consistently. I believe that I can reflect with authority the sentiments of the Environment Agency when I say that it is keen to point out that it supports the proposed localised approach to managing flood risk and will assist local authorities in this by providing guidance and data to help develop local strategies. The agency also acknowledges that local strategies will be vital in managing flood risks, and that while they should be consistent with both national and local strategies and guidance, it does not intend that the national strategy should prescribe local flood or coastal erosion risk management decisions. That sounds promising, and it is language that I am pleased to hear. However, I remain concerned that such a pragmatic approach, which essentially it is, depends on the benevolence of the Environment Agency rather than being enshrined in legislation which could be interpreted differently at a future date. I am strongly in favour of the twin-track approach, but for this to be fully effective, the Government must live up to their stated intentions and allow for the entirely appropriate localism which the management of flood risk requires. I beg to move.