Long-awaited Environment Bill passed into law

The long-awaited Environment Bill has been passed into law following amendments relating to sewage overflows ping ponging between the Lords and Commons.

The bill will move to the Royal Assent despite continued objections from members of both houses relating to pollution and river health.

On Monday (8 November), the House of the Commons approved an amendment requiring that sewerage companies achieve a “progressive reduction” in the adverse impacts of
discharges from storm overflows on both the environment and public health.

Nevertheless, shadow environment minister Luke Pollard stated that Britain is “once again, the dirty man of Europe” for the state of its rivers and criticised ministers for “dragging their heels in not introducing the bold action that we need – particularly against the routine discharge of raw sewage into rivers”.

Lord Goldsmith said on Tuesday that enforcement of the requirement will be enabled by the regime set out in the Water Industry Act that allows Ofwat to issue enforcement notices to direct specific actions or fine companies up to 10% of their annual turnover. Government or the independent Office for Environmental Protection (OEP), which will be established as part of the Environment Bill, will be able to intervene if either body feels action has been insufficient.

The Duke of Wellington, who tabled a previous amendment on storm overflows, raised concerns that the government’s new amendment still remains weaker than his own, but statements by environment minister Rebecca Pow and Lord Goldsmith had “greatly strengthened it”.

He expressed surprise at the support received from water companies and their desire for government to go further, specifically to instruct Ofwat to authorise investment in sewers.

The Duke’s amendment included a duty on sewerage companies to “take all reasonable steps to ensure untreated sewage is not discharged from storm overflows.” However, this duty was omitted from a watered-down version tabled by the government and passed by MPs, despite a small Tory rebellion.

Following a public outcry, the government announced plans to strengthen the bill with the alternative amendment that was passed on Monday.

Defra said the amendment in lieu of the Duke’s would “categorically reduce the amount of untreated sewage” and reduce the operation of storm overflows by wastewater companies. It said the new amendment will give Ofwat the power to enforce the new duty on wastewater companies, whereas the Duke’s did not include a similar enforcement mechanism.

Pow said: “The government amendment bolsters a raft of measures already being taken by government through the Environment Bill to deliver progressive reductions in the adverse impacts of storm overflows on the environment and on public health.

“Our Environment Bill will ensure we deliver the most ambitious environmental programme of any country – transforming how we protect our natural environment, make better use of our resources and clean up our air and water.”