Clause 96 - Provision of public sewers
Water Bill [Lords]
10:30 am
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
I understand the thrust of the hon. Gentleman's argument on this important issue.
In section 101A of the Water Industry Act 1991, sewerage undertakers have a duty to provide first-time mains drainage in an area where non-mains sewerage arrangements, such as cesspits and septic tanks, are causing an environmental or amenity problem. They must provide a public sewer if certain eligibility conditions, similar to those in statute and in guidance, are met. The hon. Gentleman's amendment would not change that, apart from the power being with the Secretary of State rather than the Environment Agency. It does not alter the fact that it is not an obligation; criteria still have to be met.
If the sewerage undertaker disputes whether the conditions have been met and refuses to provide a public sewer, the applicants can appeal to the Environment Agency and that is what the hon. Gentleman's proposal would change. There is an argument about whether the Environment Agency is the most appropriate body to consider any section 101A disputes or whether the Secretary of State should do so.
In a dispute of that kind, the Environment Agency has the expertise to deal with such matters as it has knowledge of the areas where the proposed sewers are requested. I am not sure that it is practical for the Secretary of State to consider such appeals, because there is all sorts of legislation that states that the Secretary of State should consider appeals on lots of different things. That power is with the Secretary of State, who, in practice, generally refers the appeal to a specialist body and in this case, the Environment Agency is the most appropriate.
There are guidelines that fix the conditions for appeal, so there is no additional policy element that requires the Secretary of State's overview. I appreciate that considering disputes can sometimes take time, especially when the decision is then challenged by sewerage undertakers through a judicial review, which they have the right to do. Given that it is a job for an external, specialist agency, I hope the hon. Gentleman will accept that it should be the Environment Agency.