Water (Special Measures) Bill: call for evidence

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Do you have relevant expertise and experience or a special interest in the Water (Special Measures) Bill [Lords], which is currently passing through Parliament?

If so, you can submit your views in writing to the House of Commons Public Bill Committee which is going to consider this Bill.

The Public Bill Committee is now able to receive written evidence. The sooner you send in your submission, the more time the Committee will have to take it into consideration.

The Public Bill Committee will scrutinise the Bill line by line. The Public Bill Committee will meet for the first time on Thursday 9 January 2025 to consider the Bill and is expected to report by 5pm on Thursday 16 January. When the Committee concludes its consideration of the Bill it is no longer able to receive written evidence and it can conclude earlier than the expected deadline of 5.00pm on Thursday 16 January 2025. You are strongly advised to submit your written evidence as soon as possible.

Aims of the Bill

The Bill has four key aims:

block bonuses for water company executives “who pollute our waterways”
bring criminal charges against “persistent law breakers”
impose automatic and “severe” fines for wrongdoing
enable independent monitoring of every sewer overflow outlet

Blocking bonuses for water company executives

The Bill would create a new framework for holding companies and chief executives accountable for water company governance and remuneration. These provisions would enable the regulator Ofwat to set rules for water companies, subject to certain requirements included in the legislation (including a consultation).

Bringing criminal charges

The Bill would introduce three provisions which would have effect where an investigation by Ofwat or the Environment Agency had been obstructed by a water company. It would enable the courts to include imprisonment as a sanction, enable hearings to be held in the Crown Court, and enable executives and directors to be prosecuted where an offence had been committed with their consent or connivance or due to their neglect.

Imposing fines

The Bill would enable fixed monetary penalties to be imposed for specific offences, including pollution, failure to comply with information and reporting requests, and offences relating to water resources. The government would specify the list of offences and the monetary value of penalties in secondary legislation.

The Bill would also lower the “standard of proof” required for minor to moderate water company offences to the “civil standard”, and includes provisions to enable the Environment Agency and Natural Resources Wales to recover costs from water companies following enforcement actions.

Monitoring of sewer overflows

The Bill would require water companies to publish information on the frequency and duration of all emergency storm overflows within an hour of a discharge taking place.

Wider work to strengthen regulation

In addition to the four main provisions, the Bill would also introduce a new statutory requirement for water companies in England to publish annual ‘pollution incident reduction plans’ and allow the Secretary of State (or Welsh Ministers) to modify water company licences to recover a shortfall in government costs if a water company were to enter special administration.

Follow the progress of the Water (Special Measures) Bill [Lords]

The Water (Special Measures) Bill [Lords] was introduced in the House of Commons on 27 November 2024. The Bill’s second reading was held on 16 December 2024.

There will be no oral evidence sessions held for this Bill.

Guidance on submitting written evidence

Deadline for written evidence submissions

The Public Bill Committee is now able to receive written evidence. The sooner you send in your submission, the more time the Committee will have to take it into consideration.

Amendments tabled to the Bill, and information regarding the order in which amendments will be taken in Committee, will be available in due course on the Bill’s publications page (under ‘Amendment paper’ and ‘Selection of amendments’). Once the Committee has dealt with an amendment it will not revisit it.

The Public Bill Committee on the Water (Special Measures) Bill [Lords] will meet for the first time on Thursday 9 January 2025 and is expected to report by 5pm on Thursday 16 January. When the Committee concludes its consideration of the Bill it is no longer able to receive written evidence and it can conclude earlier than the expected deadline of 5.00pm on Thursday 16 January 2025. You are strongly advised to submit your written evidence as soon as possible.

Your submission should be emailed to scrutiny@parliament.uk

Further guidance on submitting written evidence can be found here (pdf, 1MB).