Water bosses face up to two years in prison for illegal sewage spills

Water bosses who cover up illegal sewage spills could be imprisoned for up to two years under a new law which comes into effect today.

The government has said such penalties are "essential" to tackle "widespread illegal sewage discharges" into rivers, lakes and seas - and to crack down on water companies which it has accused of obstructing investigations by failing to hand over evidence.

The new law comes as the state spending watchdog said water regulators and the government had failed to provide a trusted and resilient industry at the same time as bills rise.

Public trust in the water sector has reached a record low, according to a report from the National Audit Office (NAO) on the privatised industry.

Not since monitoring began in 2011 has consumer trust been at such a level, it said.

At the same time, households face double-digit bill hikes over the next five years.

The last time bills rose at this rate was just before the global financial crash, between 2004-05 and 2005-06.

Speaking to Sky News, Environment Secretary Steve Reed said UK rivers, lakes and seas were "awash with record levels of pollution" as he blamed the "toothless" previous government.

"It's shocking that no water executive or water company employee has ever been given a fine, let alone a prison sentence, despite record levels of illegal sewage dumping," he said. "That all ends today."

Regulation failure

All three water regulators - Ofwat, the Environment Agency and Drinking Water Inspectorate - and the government department for environment, food and rural affairs (Defra) have played a role in the failure, the NAO said, adding they do not know enough about the condition or age of water infrastructure and the level of funding needed to maintain it.

Since the utilities were privatised in 1989, the average rate of replacement for water assets is 125 years, the watchdog said. If the current pace is maintained, it will take 700 years to replace the existing water mains.

Water firms have grappled with leaky pipes and record sewage outflows into UK waterways in recent years, with enforcement action under way against all wastewater companies.

Despite there being three regulators tasked with water, there is no one responsible for proactively inspecting wastewater to prevent environmental harm, the report found.

Instead, regulation is reactive, fining firms when harm has already occurred.

Financial penalties and rewards, however, have not worked as water company performance hasn't been "consistent or significantly improved" in recent years, the report said.

'Gaps, inconsistencies, tension'

The NAO called for this to change and for a body to be tasked with the whole process and assets. At present, the Drinking Water Inspectorate monitors water coming into a house, but there is no entity looking at water leaving a property.

Similarly, no body is tasked with cybersecurity for wastewater businesses.

As well as there being gaps, "inconsistent" watchdog responsibilities cause "tension" and overlap, the report found.

The Environment Agency has no obligation to balance customer affordability with its duty to the environment when it assesses plans, the NAO said.

Company and investment criticism

Regulators have also been blamed for failing to drive enough funding into the water sector.

From having spoken to investors through numerous meetings, the NAO learnt that confidence had declined, which has made it more expensive to invest in companies providing water.

Even investors found Ofwat's five-yearly price review process "complex and difficult", the report said.

Financial resilience of the industry has "weakened" with Ofwat having signalled concerns about the financial resilience of 10 of the 16 major water companies.

Most notably, the UK's largest provider, Thames Water, faced an uncertain future and potential nationalisation before securing an emergency £3bn loan, adding to its already massive £16bn debt pile.

Water businesses have been overspending, with only some extra spending linked to high inflation in recent years, leading to rising bills, the NAO said.

Over the next 25 years, companies plan to spend £290bn on infrastructure and investment, while Ofwat estimates a further £52bn will be needed to deliver up to 30 water supply projects, including nine reservoirs.

Meanwhile, the Independent Water Commission (IWC), led by former Bank of England deputy governor Sir Jon Cunliffe, is carrying out the largest review of the industry since privatisation.

What the regulators and government say?

In response to the report, Ofwat said: "The NAO's report is an important contribution to the debate about the future of the water industry.

"We agree with the NAO's recommendations for Ofwat and we continue to progress our work in these areas, and to contribute to the IWC's wider review of the regulatory framework. We also look forward to the IWC's recommendations and to working with government and other regulators to better deliver for customers and the environment."

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An Environment Agency spokesperson said: "We have worked closely with the National Audit Office in producing this report and welcome its substantial contribution to the debate on the future of water regulation.

"We recognise the significant challenges facing the water industry. That is why we will be working with Defra and other water regulators to implement the report's recommendations and update our frameworks to reflect its findings."

A Defra spokesperson said: "The government has taken urgent action to fix the water industry - but change will not happen overnight.

"We have put water companies under tough special measures through our landmark Water Act, with new powers to ban the payment of bonuses to polluting water bosses and bring tougher criminal charges against them if they break the law."

Water UK, which represents the water firms, said in response: "The regulatory system is painfully slow, hugely expensive and ridiculously complicated. In October 2023, water companies submitted plans to help support economic growth, build more homes, secure our water supplies and end sewage entering our rivers and seas, but the investment was only permitted by Ofwat to start this month - over 18 months later.

"We're calling for more direction from government on the outcomes it wants from the sector, and regulation to be reformed so it is simpler, where remits no longer overlap or contradict each other, and decisions are made faster.

"We want to see more power devolved from central government and handed to communities so decisions can be taken locally about how best to enhance their local environment, and we want greater consumer protection with a tough new ombudsman and fairer charging for water."

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