Clause 81 - National security
Water Bill [Lords]
9:00 am

Mr Norman Baker (Lewes, Liberal Democrat)
I want to speak briefly about flood plans and national security, because the clause gives sweeping powers to the Secretary of State in the interests of national security. In principle, nobody would query the conclusion that there may be instances in which information should be withheld from classes of people. However, the clause allows for zero consultation on and zero publication of flood plans if that is the Secretary of State's decision. Will the Minister explain what
''person or class of persons'',
referred to in the paragraphs mentioned in new section 12B(1), might not be consulted?
It is standard practice, for example, for the Environment Agency to be given privileged information that may have national security implications, and for that to be treated securely with everyone's confidence, so I would not like such information to be excluded. We are discussing designated classes who are statutory consultees, yet the Secretary of State is giving himself or herself the power not to consult them or to produce information in public notices for those classes of people. Who are those classes, and in what circumstances would information not be provided?
