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Flood and Water Management Bill

It is an informal discussion, but one which the Minister has given an undertaking will take place. Clause 36 provides an enabling power to allow the United Kingdom Government and the Welsh Assembly Government, through affirmative resolution order, to add further uses of water to, or remove them from, the list of water uses that could be prohibited or restricted in these circumstances. The flexibility is important, and is one way in which we can help industries which are most concerned about the provisions. This will allow the two Governments—the United Kingdom Government and the Welsh Assembly Government—to keep under review the most effective mix of water uses that water companies should be allowed to restrict, taking into account a whole range of criteria, including costs and benefits, changing patterns of water use and the impacts of climate change. One of the points underlying this clause is that it provides for flexibility in the ways that water companies use their powers, and enables the Governments to define words and phrases to clarify the extent of their power and provide for exemptions on restrictions where appropriate. That was one of the main concerns about the inflexible approach adopted during the 2004-06 drought period. We will work with the water companies through the statutory drought planning process to ensure that their revised drought plans set out clearly how they anticipate using their powers, including their broad priorities for conserving water and the types of concessions or phasing they propose to introduce; and to ensure that they take account of the views of stakeholders and customers, such as, obviously, the horticultural industry. We are determined that its views should be taken into account. The flexibility in this clause justifies its inclusion in the Bill. I hope the Committee will agree that it should stand part.