Clause 47 - Provision of information to the Council
Water Bill [Lords]
10:15 am
Mr Bill Wiggin (Leominster, Conservative)
I beg to move amendment No. 64, in
clause 47, page 55, leave out lines 31 to 34 and insert—
'(3) Before giving a direction under this section and in specifying the form in which any information is to be supplied the Council shall have regard to—
(a) whether in respect of a direction to a body (other than the Authority) the same or similar information in the form required may be held already by the Authority,
(b) whether the cost or other burden to the body in supplying the information may be excessive in relation to the benefit to and purpose for which the information is required by the Council,
(c) whether the information falls within the scope of section 27K(1).'.
The amendments that we have tabled to this clause relate to the provision of information to the council. Like the National Consumer Council, we welcome the changes to the Bill to ensure that the new council will have access to information about licensed water supplies, but we are concerned that the current proposals for information to be made available to it may be too restrictive.
Under the Bill, the Secretary of State has the power to make regulations prescribing information or circumstances in which a water company or licensed supplier may refuse to supply information to the council. We are concerned that that could entail narrower duties to provide information than in the Freedom of Information Act 1997, which would act against the interests of consumers and create confusing anomalies. We want to view the criteria for the refusal to supply information, and that should be in the Bill.
In any test of reasonableness relating to the refusal to give information or non-disclosure against the public interest, accurate and up-to-date information will be essential if the council is to be an effective voice for water consumers. When something goes wrong, information helps consumers to find out what happened and why. Due to the natural monopolies in the water industry, domestic consumers are in need of robust protection, as they have no choice of supplier. Moreover, considerably less commercial sensitivity and risk is associated with information relating to water companies' business than in other industries. I hope that the Minister will agree that that is fair.
The National Consumer Council is also concerned that refusals to supply by a company are referred to the new water services regulation authority for a decision, but that authority is one of the bodies from which the new council can request information.