Duties in relation to management of water resources. (Hansard, 18 December 1990)

§ Lord Strathclyde

My Lords, in speaking to this amendment, perhaps I may first reply to the question raised in Committee on 3rd December by my noble friend Lord Elton. He asked whether an abstraction control order could be made for the sole purpose of protecting flora and fauna. I am happy to be able to report that, where the conservation of water resources is considered necessary to protect these interests, then the Bill as drafted enables an order to be made. I can therefore confirm that the amendments tabled in Committee, and equally the amendment tabled for today by the noble Lord, Lord Carmichael, would not be necessary as regards control of abstractions for irrigation. However, I quite understand that the present amendment is intended to go much wider than abstractions for irrigation in that it relates to any matters concerned with, the management of water resources in Scotland". 790 I also understand and am aware of noble Lords' concern on this point. As I said in Committee, we firmly endorse the importance of protecting flora and fauna since that is one of the principal concerns of the Bill as a whole. I am aware too of the concern which has been expressed over the years since the Wildlife and Countryside Act 1981 conferred an equivalent duty to conserve flora and fauna, as well as other duties, on the then water authorities in England and Wales. Since the passing of the 1981 Act, my department has exhorted the Scottish water and sewerage authorities and the RPAs to further wherever possible the conservation of flora and fauna and to consult the NCC. So far as we know, from the absence of any complaints to us, our authorities have responded appropriately.

We have always maintained therefore that such an explicit duty appears unnecessary. But we do not want to appear to be resisting the idea of protecting flora and fauna, since that is far from being our intention. Indeed the consultation paper Scotland's Natural Heritage: The Way Ahead contained a commitment by Ministers that all agencies involved in land use and development should have regard to achieving a reasonable balance between their duties and the conservation and enhancement of the natural heritage. The amendment, however, embodies a major new proposal which would not only require, but would deserve, wide consultation with the many interests which would be affected by such a new duty. It does, after all, go much wider than the purposes of this part of the Bill, and could well have financial and manpower implications.

I am therefore willing, bearing in mind the concern and interest on this point, and subject to the withdrawal of the amendment, to initiate a consultation exercise on the possibility of a new general duty. In carrying out the consultation, we would aim to complete it in time for any decision in favour of legislative amendment to be reflected in the Bill.