Saturday, June 20, 2020

Ros in the Lords: Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020

It is a mark of how wide-ranging the debates in the Lords are that, in six weeks, Ros spoke on volunteering, food waste, the National Archives and here, on 8 June, water infrastructure regulations...

My Lords, it is a mark of the new arrangements that in recent weeks I have spoken in debates on food security, the charity sector and heritage and had between one and two minutes in which to do so. With the luxury of five, I will start with the usual courtesy of thanking the Minister for his comprehensive and useful introduction, and his officials for producing an extremely readable and useful set of accompanying documents.

Although narrow in its scope, this SI gives us a very useful chance to carry out some post-legislative scrutiny. I am not clear why a sunset clause was introduced in the first place. It might be because it was only ever envisaged for one project, but it would be useful to understand that better. I would rather know precisely what it was intended to do and what the risks are in removing it. The regulations as they stand have certainly done an extremely good job for the Thames tideway tunnel project. It will remain to be seen whether it is suitable for projects going forward. I am interested in the Minister’s thoughts about why this might not be a suitable framework for the four projects which he outlined, because it seems to have been successful.

It would also be helpful if he could give a bit more detail on the timetable for the proposed major new projects, as I did not quite hear what it was. In recent years, the emphasis seems to have been on improvements —particularly environmental improvements—to existing assets, and I welcome that. I am old enough to remember the 1970s, when the UK was known as “the dirty man of Europe”. UK standards have played a huge part in driving improvements in water quality across the piece. I am sure that all noble Lords would welcome an assurance that the UK will not, in any way, be slipping back once it is removed from EU standards.

Managing those assets, getting better value and using water more efficiently is an interesting challenge for the industry. Can the Minister say a little more about the limits? How much more water efficiency can we get out of existing infrastructure before we have to start thinking about new infrastructure, especially given the combination of climate change, increased population and differences in the way we lead our lives? It is good to hear that this model has worked so well for Tideway. It has suggested that the regulatory and contractual arrangements have given it a framework which has incentivised delivery on time and on budget—I would like to hear an update on that—as well as lower expected costs of capital.

The Consumer Council for Water has observed that customer handling in this project was not effectively done, because it was not sufficiently financed. Is that inherent in the regulatory structure or just an oversight that we can learn from and change next time? I look forward to the Minister’s reply.

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