Leaders of water companies might face incarceration for persistently contaminating the UK’s rivers and oceans, according to fresh regulations introduced by the government.
The Water (Special Measures) Bill will delineate Labour’s strategy to address the rampant disposal of sewage in British waterways, including enhanced authorities for regulators to prohibit substantial bonuses.
Advocates and legislators have called for stricter measures within the industry, with some, particularly from the Green Party, advocating for its transition into public ownership.
In the past year, there were 3.6 million hours of raw sewage discharges into bodies of water in England – a figure that is more than twice that recorded in 2022.
Such discharges can result in severe harm to local wildlife and illnesses in individuals who come into contact with the water, including swimmers and surfers.
Even the nation’s premier scenic locales have been unable to evade the effects of these discharges. In February, sewage was illegally released into Windermere in the Lake District for ten hours, as reported by BBC News.
Moreover, research by Friends of the Earth recently uncovered that over a quarter of the spills into England’s seas last year occurred within three kilometres of swimming areas.
Southern Water received a penalty of £330,000 for a prolonged sewage dump in Hampshire that resulted in the death of 2,000 fish in 2019, while Thames Water discharged over two billion litres of raw sewage into the London river within two days in October 2020.
The proposed legislation would enhance the Environment Agency’s capability to initiate criminal proceedings against water executives who violate the law.
Since privatization, only three individuals have faced prosecution without appeal from the agency, as reported by the Department for Environment, Food and Rural Affairs (Defra).
Environment Secretary Steve Reed stated: ‘The public is outraged that in 21st century Britain, unprecedented levels of sewage are being discharged into our rivers, lakes, and seas. After years of disregard, our waterways are now in an intolerable condition.
‘This is why I am announcing immediate actions to put an end to the abhorrent practices of water companies and their executives.
‘Under this administration, water executives will no longer enrich themselves while discharging this contamination. If they fail to comply, they could find themselves in court facing prison sentences.’
He indicated that additional legislation is forthcoming to ‘dramatically transform the management of the water industry’ and accelerate improvements to the infrastructure.
The unveiling of the new bill has been positively received by regulators Ofwat and the Environment Agency.
Ofwat Chief Executive David Black remarked that the proposed legislation ‘enhances our authorities and will assist us in driving transformative change throughout the water sector’.
Alan Lovell, chair of the Environment Agency, echoed this sentiment, stating: ‘The intensified penalties established by the bill will discourage unlawful activities and enable us to bridge the justice gap while bolstering our capacity for prompt enforcement actions.’
However, Louise Reddy, policy officer for the advocacy group Surfers Against Sewage, urged for more significant measures from the authorities.
She commented: ‘We are encouraged to hear that the new government plans to address sewage discharges, and additional steps will be taken in this direction.
‘Nevertheless, as currently proposed, these commitments will merely skim the surface of the issue. A comprehensive evaluation of the water system is necessary to uncover and address the core problems.
‘The time for action is now; the government must resolve these issues rather than merely apply stopgap solutions.’
What does the new water bill entail?
The Water (Special Measures) Bill aims to introduce four primary amendments in an attempt to encourage industry leaders to address pollution issues.
- Stricter penalties: Presently, the maximum penalty for most obstruction cases is a fine. The bill would introduce the potential for imprisonment for executives who infringe upon the law.
- Prohibition of bonuses: Regulator Ofwat would have the capability to prevent the issuance of performance-based bonuses to executives and senior officials unless they adhere to high standards regarding the environment, their clients, financial resilience, and criminal accountability.
- Increase fines: The Environment Agency currently encounters numerous challenges in issuing fines for minor, recurring violations. The new bill would lower the proof requirement to the civil standard rather than the criminal standard and make various offences subject to automatic fines, eliminating the necessity for time-consuming investigations.
- Enhance monitoring: Water companies will be mandated to present real-time data for each emergency overflow in England in a ‘clear, accessible format’.
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