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First opposition day debate (part two). Motion that this House regrets that 13 years of successive Conservative Governments have broken the water industry and its regulatory framework; is deeply concerned about the scale of the sewage crisis and the devastating impact it is having on the UK’s rivers, lakes and seas; believes it is indefensible that executives at UK water companies were paid over £14 million in bonuses between 2020 and 2021 despite inflicting significant environmental and human damage; condemns the Government for being too weak to tackle the crisis and hold water company bosses to account; calls on the Government to empower Ofwat to ban the payment of bonuses to water company executives whose companies are discharging significant levels of raw sewage into the UK’s seas and waterways; and further calls on the Secretary of State for Environment, Food and Rural Affairs to make a statement to this House by 31 January 2024 on the Government’s progress in implementing this ban. Closure motion. Agreed to on question. Main question agreed to.
First opposition day debate (part two). Motion that this House regrets that 13 years of successive Conservative Governments have broken the water industry and its regulatory framework; is deeply concerned about the scale of the sewage crisis and the devastating impact it is having on the UK’s rivers, lakes and...
To ask the Secretary of State for Environment, Food and Rural Affairs, if she will list the enforcement actions undertaken by the Environment Agency against illegal waste exports in each year since 2010.
To ask the Secretary of State for Environment, Food and Rural Affairs, if she will list the enforcement actions undertaken by the Environment Agency against illegal waste exports in each year since 2010.
Environment Agency (EA) officers carry out pro-active, intelligence led inspections to stop suspected illegal waste shipments. This can be done at site or before the shipment leaves port. The EA prioritises shipments that have the greatest potential for environmental impact. Its intelligence led approach considers various factors such as destination country, waste type, operator history and risks associated with each shipment. In 2022-23 the EA prevented over 17,000 tonnes of waste being illegally exported, this was through stopping containers at port, but also through upstream interventions at waste sites and preventing waste from being loaded for export.
The EA provides advice and guidance to operators on how to export waste lawfully, and only considers enforcement action where this advice and guidance has not been heeded. Any decision on enforcement action is taken in accordance with the EA’s Enforcement and Sanctions Policy, which can be found here Environment Agency enforcement and sanctions policy - GOV.UK (www.gov.uk).
Prosecutions can be complex and generally involve engagement with international partners given the nature of illegal waste exports, but they are vital in appropriate cases. Other interventions such as Notices requiring action are quicker and can be more effective. Since 2018 the EA has regularly served over 100 notices per year on suspected illegal waste shipment.
Data on enforcement actions undertaken by the EA since 2017 are presented in the table below. Data on enforcement actions undertaken prior to 2017 are not held centrally and therefore cannot be provided in the current timeframe.
Breakdown of Environment Agency enforcement actions since 2017:
Year | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | Grand Total |
Caution | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
Civil Sanctions | 1 | 0 | 0 | 0 | 0 | 3 | 0 | 4 |
Fixed Penalty Notice | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Notice | 88 | 180 | 180 | 112 | 211 | 157 | 122 | 1050 |
Prosecution | 1 | 0 | 0 | 1 | 1 | 1 | 1 | 5 |
Prosecution (Withdrawn at Court) | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 |
Warning Letter | 4 | 3 | 0 | 1 | 3 | 7 | 10 | 28 |
95 | 183 | 180 | 114 | 215 | 169 | 133 | 1089 |
To ask the Secretary of State for Environment, Food and Rural Affairs, what information her Department holds on the enforcement actions undertaken by local authorities against the illegal sale of (a) plastic straws, (b) drink stirrers and (c) plastic-stemmed cotton buds since October 2020.
To ask the Secretary of State for Environment, Food and Rural Affairs, what information her Department holds on the enforcement actions undertaken by local authorities against the illegal sale of (a) plastic straws, (b) drink stirrers and (c) plastic-stemmed cotton buds since October 2020.
No information is held on the illegal sale of these items. The responsibility for enforcement lies with Trading Standards and Local Authorities.
To ask the Secretary of State for Environment, Food and Rural Affairs, how much from the public purse the Environment Agency has spent on enforcement against illegal river moorings in Elmbridge Borough in each of the last five years.
To ask the Secretary of State for Environment, Food and Rural Affairs, how much from the public purse the Environment Agency has spent on enforcement against illegal river moorings in Elmbridge Borough in each of the last five years.
The Environment Agency cannot quantify our cost of enforcement of illegal moorings in Elmbridge as the work is river wide. In 2022 the Environment Agency carried out a project to remove wrecks and abandoned boats, but not limited to the River Thames in Elmbridge, at a cost of £280K for the removal and disposal of 41 wrecks. Each and every vessel, if removed from the River Thames will have its own cost for removal.
To ask the Secretary of State for Environment, Food and Rural Affairs, if she will make an estimate of the potential cost to the public purse of the Environment Agency (a) relocating and (b) removing the 116 alleged unregistered vessels moored on Environment Agency-owned land in Elmbridge Borough on 30...
To ask the Secretary of State for Environment, Food and Rural Affairs, if she will make an estimate of the potential cost to the public purse of the Environment Agency (a) relocating and (b) removing the 116 alleged unregistered vessels moored on Environment Agency-owned land in Elmbridge Borough on 30...
During the Covid pandemic in 2020 and 2021 there were significant periods of time during lockdown when the Environment Agency eased mooring restrictions and we were not enforcing. The Environment Agency was successful in an enforcement matter in 2019 for a boat owner overstaying on their moorings and had costs awarded for their costs of £20k Kingston boater fined for illegal moorings - GOV.UK (www.gov.uk).
The Environment Agency have been told there are allegedly 116 unregistered boats moored to their land in Elmbridge but cannot confirm the details of that data. The matter of the use of Article16 of the Inland Waterways Order 2010 has been subject to public consultation on its use. Until the consultation has been reviewed and a response has been published the Environment Agency has not concluded on how the use of Article 16 will be enforced across the country.
To ask the Secretary of State for Environment, Food and Rural Affairs, what steps her Department is taking to help ensure that enforcement action is taken against water companies that discharge sewage on dry days.
To ask the Secretary of State for Environment, Food and Rural Affairs, what steps her Department is taking to help ensure that enforcement action is taken against water companies that discharge sewage on dry days.
Last year the Government launched the most ambitious plan to reduce sewage discharges from storm overflows in water company history, driving £56 billion capital investment over 25 years. Water companies will have to achieve targets which mean that, by 2050, no storm overflows will be permitted to operate outside of unusually heavy rainfall or to cause any adverse ecological harm.
The Environment Agency (EA) carries out investigations to determine when a dry spill has occurred. Storm Overflows, in general, should not spill on dry days. There is then a process of further investigation on a site-by-site basis to determine, for example, that the accuracy of certain rainfall monitors and drain down times are correct, as well as other factors. After this thorough process has been conducted, it can be determined if a breach has occurred with sufficient evidence for compliance and enforcement.
If overflows operate outside of permit conditions, the Agency will not hesitate to use all options for robust enforcement action. This can include criminal prosecution by the Environment Agency for which there can be unlimited fines. On 12 July we began legislating to introduce unlimited civil penalties.
Motion that this House has considered the environmental performance of South West Water. Motion lapsed.
Motion that this House has considered the environmental performance of South West Water. Motion lapsed.
To ask the Secretary of State for Environment, Food and Rural Affairs, what recent assessment she has made of the adequacy of Ofwat's enforcement powers in relation to water companies.
To ask the Secretary of State for Environment, Food and Rural Affairs, what recent assessment she has made of the adequacy of Ofwat's enforcement powers in relation to water companies.
Last year, Ofwat levied penalties of £132 million against 11 water companies, which is being refunded to customers this year. Additionally, Ofwat has also opened a major enforcement investigation into 6 water companies regarding their compliance at sewage treatment works.
The Government has backed steps to strengthen Ofwat’s enforcement powers. In March 2023, Ofwat were able to strengthen its ability to stop water companies making dividend payments if the company’s financial resilience is at risk thanks to powers provided in the Environment Act 2021. This also enables Ofwat to take enforcement action against companies that don’t link dividend payments to their performance for customers or the environment, or those failing to be transparent about their dividend pay-outs.
Furthermore, in May this year government trebled Ofwat’s enforcement capacity with an additional £11.3m increase in funding.
Urgent question on the financial resilience of the water industry.
Urgent question on the financial resilience of the water industry.
To ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to the Answer of 1 June 2023 to Question 186322 on Water Companies, how many (a) cautions (b) prosecutions and (c) legal instruments the Drinking Water Inspectorate brought against water companies in each of the last five...
To ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to the Answer of 1 June 2023 to Question 186322 on Water Companies, how many (a) cautions (b) prosecutions and (c) legal instruments the Drinking Water Inspectorate brought against water companies in each of the last five...
The number of cautions, prosecutions and legal instruments (LIs) applicable for the period 2017 to 2021 to each water company are summarised in the table attached. The Drinking Water Inspectorate uses all the enforcement levers as and when deemed appropriate to the individual issue to facilitate the best outcome.
To ask the Secretary of State for Environment, Food and Rural Affairs, how many water company (a) cautions, (b) prosecutions and (c) minded to enforce notices were brought by the Drinking Water Inspectorate in each of the last five years.
To ask the Secretary of State for Environment, Food and Rural Affairs, how many water company (a) cautions, (b) prosecutions and (c) minded to enforce notices were brought by the Drinking Water Inspectorate in each of the last five years.
The following tables summarise cautions and prosecutions for the period 2017 to 2021.
a) Number of cautions 2017-2021
Number of cautions | |||||
Year | 2017 | 2018 | 2019 | 2020 | 2021 |
Total | 1 | 2 | 0 | 3 | 0 |
b) Number of prosecutions 2017-2021*
Number of prosecutions | |||||
Year | 2017 | 2018 | 2019 | 2020 | 2021 |
Total | 2 | 2 | 2 | 0 | 0 |
* Due to the COVID pandemic the Courts were closed and there have been subsequent backlogs. Prosecutions recommenced in 2022 (two companies were prosecuted during the period) and we have ongoing prosecutions in 2023.
There is no ‘minded to enforce notice’ as stated in the question. The Drinking Water Inspectorate issues minded to enforce letters that are communications to companies and they are not notices. They form part of the enforcement process that may or may not result in a legal instrument notice. We have therefore collated the number of legal instruments we have issued to water companies in the period 2017 to 2021.
c) Legal instruments
Legal instruments | |||||
Year | 2017 | 2018 | 2019 | 2020 | 2021 |
Total | 95 | 71 | 36 | 53 | 69 |
To ask the Secretary of State for Environment, Food and Rural Affairs, whether the Environment Agency shares data on the enforcement of illegal moorings in the non-tidal Thames with her Department; and if her Department will publish that data by local authority area.
To ask the Secretary of State for Environment, Food and Rural Affairs, whether the Environment Agency shares data on the enforcement of illegal moorings in the non-tidal Thames with her Department; and if her Department will publish that data by local authority area.
The Environment Agency works with partner agencies to improve compliance on the non-tidal Thames, sharing outcomes with local authority areas and stakeholders alike. However, intelligence and ongoing enforcement actions are not shared with the public due to legal privilege and GDPR rules and regulations. More information relating to enforcement on the non-tidal Thames can be viewed on the Non-Tidal River Thames Regulation and Enforcement Plan 2023/2024: Non-Tidal River Thames Regulation and Enforcement Plan 1 April 2023 to 31 March 2024 - GOV.UK (www.gov.uk)
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment her Department has made of the effectiveness of the Environment Agency’s enforcement of illegal moorings in the non-tidal Thames.
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment her Department has made of the effectiveness of the Environment Agency’s enforcement of illegal moorings in the non-tidal Thames.
Operational matters on inland waterways are the responsibility of the relevant navigation authority, such as in this case the Environment Agency’s enforcement of illegal moorings on the non-tidal Thames.
The Environment Agency waterways department as part of Defra is aware of all mooring issues or potential reported issues on its land. The intelligence is captured and collated in the Environment Agency navigation enforcement team’s Tactical Assessment (Thames). The document includes mooring and trespass issues on Environment Agency land only and helps prioritise and deliver outcomes. Trespass and mooring issues not relating to the Environment Agency fall under riparian landowners’ or other navigation authorities’ responsibilities.
The Tactical Assessment is a classified document and deemed as sensitive and would not be shared with the public. The Thames Enforcement Plan for the Environment Agency Non-Tidal Thames, which gives an overview of enforcement actions and priorities for 2023/2024, can be viewed here: Non-Tidal River Thames Regulation and Enforcement Plan 1 April 2023 to 31 March 2024 - GOV.UK (www.gov.uk)
To ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to the Answer of 21 March 2023 to Question 167213 on Water Companies: Standards, whether her Department makes a distinction between internal and external dividends when formulating policies on enforcement action against water companies that do not...
To ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to the Answer of 21 March 2023 to Question 167213 on Water Companies: Standards, whether her Department makes a distinction between internal and external dividends when formulating policies on enforcement action against water companies that do not...
Government has been clear that companies must be transparent about aligning dividend payments to delivery of services for customers and performance, including environmental performance.
We support Ofwat’s new measures to increase financial resilience in the sector that improves transparency and customer protection. When analysing dividends paid out by water companies, Ofwat looks at all dividend payments both internally within the company corporate structure as well those paid to external shareholders.
Further information on Ofwat’s new measures can be found here Decision_document_financial_resilience_proposals.pdf (ofwat.gov.uk)
Fourteenth opposition day debate (part one). Motion that this House calls on the Government to set a target for the reduction of sewage discharges, to provide for financial penalties in relation to sewage discharges and breaches of monitoring requirements, and to carry out an impact assessment of sewage discharges; and makes provision as set out in this Order: timetable for the Water Quality (Sewage Discharge) Bill on Tuesday 2 May 2023 and subsequent stages. Amendment agreed to on question (290 to 188). Main question as amended, agreed to on division (286 to 0). Resolved, that this House calls on the Government to set a target for the reduction of sewage discharges, to provide for financial penalties in relation to sewage discharges and breaches of monitoring requirements, and to carry out an impact assessment of sewage discharges.
Fourteenth opposition day debate (part one). Motion that this House calls on the Government to set a target for the reduction of sewage discharges, to provide for financial penalties in relation to sewage discharges and breaches of monitoring requirements, and to carry out an impact assessment of sewage discharges; and...
Motion that this House has considered the matter of support for litter action groups. Agreed to on question.
Motion that this House has considered the matter of support for litter action groups. Agreed to on question.
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment her Department has made of the impact of trends in the level of local authorities' budgets on litter-related enforcement action.
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment her Department has made of the impact of trends in the level of local authorities' budgets on litter-related enforcement action.
The Department has not made any specific assessment of trends in local authority budgets on litter related enforcement action. Our new Anti-social Behaviour Action Plan sets out how we will support councils to take tougher action against those who litter, fly-tip and graffiti. This includes significantly raising the upper limit on fixed penalty notices, to £1,000 for fly-tipping and £500 for littering and leaving graffiti, and measures to help councils issue more penalties. Receipts from fixed penalties will be reinvested in clean up and enforcement.
We are also currently undertaking a research project on the effectiveness of the different enforcement options available to local authorities and the barriers they face in using these. The project is due to complete by the summer and the results will inform future policy development in this area.
Motion that this House has considered the performance of South West Water. Agreed to on question. Sitting suspended.
Motion that this House has considered the performance of South West Water. Agreed to on question. Sitting suspended.
To ask the Secretary of State for Environment, Food and Rural Affairs, whether the Environment Agency has taken enforcement action to ensure companies selling disposable e-cigarettes are compliant with the waste electrical and electronic equipment producer scheme in each of the last seven years.
To ask the Secretary of State for Environment, Food and Rural Affairs, whether the Environment Agency has taken enforcement action to ensure companies selling disposable e-cigarettes are compliant with the waste electrical and electronic equipment producer scheme in each of the last seven years.
The Environment Agency undertakes a number of investigation and intervention steps prior to enforcement action, such as compliance monitoring and issuing advice and guidance. To date, the Environment Agency has not taken enforcement action under the Waste Electrical and Electronic Equipment (WEEE) regulations against any company selling disposable e-cigarettes.
To ask the Secretary of State for Environment, Food and Rural Affairs, if she will make an estimate of the (a) costs to local authorities of maintaining kennels, (b) legal costs of listing a dog on the Index of Exempted Dogs, (c) cost of enforcement by police authorities and (d)...
To ask the Secretary of State for Environment, Food and Rural Affairs, if she will make an estimate of the (a) costs to local authorities of maintaining kennels, (b) legal costs of listing a dog on the Index of Exempted Dogs, (c) cost of enforcement by police authorities and (d)...
Defra does not hold this information. Any information on the costs of kennelling and enforcement associated with dogs seized under the Dangerous Dogs Act 1991 will be kept by individual local authorities and police forces.