Part of the debate – in Westminster Hall am 4:12 pm ar 5 Medi 2023.
It is a pleasure to serve under you this afternoon, Ms Ali. I must begin by thanking my right hon. Friend Sir Simon Clarke for bringing this matter before the House, and for championing those in his constituency, who he speaks about so clearly and with a great deal of compassion. I obviously realise on hearing his words—we have talked about this before—that there are some real challenges in this case. I welcome this opportunity to air the subject. I will talk generally about private water supplies, which will not surprise him, and then come on to his specific case about the cottages.
As my right hon. Friend will know, drinking water policy is devolved—we had a comment from Northern Ireland earlier—so these comments will apply only to England. Obviously, private water supplies generally originate from a range of local sources, whether they are boreholes, natural springs, brooks or becks. I grew up on a farm. We had our own private water supply for some parts of the farm, and for some cottages. Over the years, all that sort of changed according to how the situation was going. It is something that I have a bit of background knowledge on.
According to the Drinking Water Inspectorate, 1.7% of the population in England get their water from a private supply as of 2022. I am pleased to say that, overall, the compliance of private supplies with the drinking water standards has been steadily improving. According to the Drinking Water Inspectorate’s annual report summarising the data from all local authorities, the compliance rate was 96.4% in 2022, up from 91.4% in 2010. That is a pretty good record; it is improving.
Private water supplies, as my right hon. Friend will know, are regulated under the Water Industry Act 1991 and the Private Water Supplies (England) Regulations 2016. Local authorities are the regulators of private supplies and are responsible for identifying the risks to the quality of the water. They may serve a notice if they determine that the supply is, was, or is likely to be unwholesome or insufficient, and they must serve a notice if they consider there to be a potential risk to human health. My right hon. Friend mentioned that the water had been sampled a number of times by the local authority. He also mentioned what had been flagged as a result, and the advice given.
Local authorities can recover the costs incurred for the duties that they perform from those responsible for the supply—a point I will come back to. Although private water suppliers are found across most regions of England, the highest number are in rural areas. In my constituency and wider Somerset, it is not uncommon to have a private water supply. Often farmers supply their own water, but some of them supply other houses, although there can be other providers. In many cases, people can and want to remain on their private supply, and that is their right.
We recognise that in some cases property owners wish to connect to the mains water network. In such cases, water companies have a duty under the Water Industry Act to make supplies available where it is feasible to do so. They obviously check capacity and so forth. The water company that has distribution mains closest to the property would then check that there is capacity in the network and so forth. However, water companies do not need to provide a mains connection free of charge. We understand that the costs of connection can be high, but it is right that the legislation should allow a water company to charge to make a new connection. Otherwise, the cost of such connections would need to be absorbed by all the existing customers, who do not benefit from new people connecting, and there would be a knock-on impact on people’s bills. I think people understand the point about whether others should carry the can for the cost of someone joining.
When it comes to connections to the mains, the role of Government, via the economic regulator Ofwat, is to ensure that water companies act responsibly and transparently in the services they provide and the fees they charge. That is why Ofwat requires water companies to set charges that reflect the cost of undertaking the work. That has to be clear and transparent. Ofwat also requires them to publish up front the charges for most of the new mains and connection services they provide, and to provide worked examples, so that customers can understand how the charges are calculated. On top of that, there is an element of competition in the market, which might help to reduce connection costs. Customers have the option of contracting with third-party providers, known as self-lay providers, who compete for the work against the water companies.
There are also avenues for recourse when people on private supplies are not happy with the costs quoted by the water companies. They can complain to the water company in the first instance. If that does not resolve the concern, they can ask the Consumer Council for Water to look at the case. Although the Consumer Council for Water has no formal responsibility to review charges for connection, it will challenge companies to provide clarity and review their charges where it considers that appropriate. That might be another avenue to explore further. Ofwat is responsible for enforcement if a water company is not complying with the expected charges, and can issue directions if companies do not comply with Ofwat’s charging rules. Constituents therefore also have the option of contacting Ofwat with their concerns.
On Aysdalegate cottages, the example being talked about today, officials from DEFRA and the Drinking Water Inspectorate were in contact recently with the local authority, Redcar and Cleveland Borough Council, to discuss the case. I understand there are nine households supplied by a beck located on third-party land—the third party is a local livestock farmer. I understand that the local authority has in the past proposed a number of options as part of its risk assessment, including: improving the existing supply; exploring a new water source, such as a borehole; and mains connection.
I was pleased to hear that the water company has stepped up to say that it will pay for the cost of exploring the options, and it should be thanked for that, because it is not an insignificant amount of money that it has committed to, so I am pleased about that. Installation of high-quality filtration and UV treatment equipment at the point of use in each household is likely to significantly improve the quality of the supply. The Drinking Water Inspectorate provides guidance on UV treatment on its website and recommends that any UV system used for this purpose be tested by an accredited laboratory. The inspectorate was at pains to explain to me that it is really important that the right kit be used if that road is taken, because some kit would not be as good.
I understand from my officials’ discussions with the local authority that, to date, not all residents at these properties have wanted to connect to the mains. Ultimately, the householders will need to reach a consensus on what joint action they want to take to improve their water supply.