Clause 81 - National security
Water Bill [Lords]
9:00 am
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
There is no intention not to consult people, particularly those in the area who may be affected. However, situations may arise in which there is a need to restrict that consultation, although we would still consult with the undertaker, which would be the Environment Agency, as the hon. Gentleman recognised. There would also be consultation with the local authority, to which the flood plans would be important, as it is responsible for an emergency response.
The new sections are a consequence of clauses 80 and 83, which provide directions for undertakers to prepare the flood plans and extend the requirements of the Reservoirs Act 1975 to the Crown. Normally we want to consult, but, if at the time, there is considered to be a risk to national security, the clause will enable
the Secretary of State to limit consultation. The Secretary of State may also serve a notice on an undertaker requiring them not to publish a flood plan and to withhold access to it. That is because software predictions can, with some accuracy, show the course of flood water from a dam failure and the infrastructure that would be at risk from that.