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Flood and Water Management Bill

I am grateful to the noble Earl, Lord Cathcart, for giving us an opportunity to hold a small debate about the use of the English language as much as anything else. Amendment 44 expressly requires authorities only to make reasonable requests for information which they require to fulfil their functions. It would have the effect of slightly reducing the scope of information that authorities can request for their flood and coastal erosion risk management functions. We take the view that it is important that authorities should have sufficient powers to acquire information from those who would be expected to have it so that they can effectively manage what are often complex and interrelated drainage problems. There may be little practical difference between information that is "reasonably necessary" and that which is connected with the authority’s flood and coastal risk management function. However, it may not be possible to judge what information is necessary until some of it has been reviewed. This could lead to multiple requests for information, increasing the overall burden on both the authority and the person providing the information. As an example, until information on the standard of protection afforded by a flood defence has been considered, the necessity of obtaining information on the assets at risk of flooding behind it might be difficult to ascertain. The noble Earl asked particularly about the situation where a person who was asked to provide the requested information felt that it could not be provided in the manner or, I would guess, within the timescale requested. In practice, we would expect there to be informal discussion before an enforcement notice is served and that authorities will agree reasonable time periods with the relevant person. Where the person providing the information is unable to comply with the request either by fulfilling the requirements to the specified standard or within the timescale requested, they can make representations under Clause 15(2)(c) in respect of any enforcement notice. There is a right of appeal against any penalties imposed. I should also make the point that it is implicit in all legislation that public authorities should behave reasonably, so the wording set out in the amendment is not needed. With that explanation, I hope that the noble Earl will agree to withdraw his amendment.