Flood Defence (Hansard, 6 March 2000)

§ Dr. Naysmith
To ask the Minister of Agriculture, Fisheries and Food what powers flood defence committees have in respect of the exercise by the Environment Agency of its permissive powers. [111586]

§ Mr. Morley
Section 106 of the Water Resources Act 1991 sets down the relationship between the Environment Agency and flood defence committees. Section 106(1) requires the Agency to arrange for its flood defence functions (except certain financial functions specified in section 106(2)) to be carried out by Regional Flood Defence Committees.
In practice the committees will decide a forward programme of flood defence works based on Environment Agency proposals. The committees also provide the majority of funding for flood defence, through the levies on constituent councils.

§ Dr. Naysmith
To ask the Minister of Agriculture, Fisheries and Food if the Environment Agency has discretionary use of permissive powers under present legislation affecting the Environment Agency flood defence supervisory duty. [111585]

§ Mr. Morley
Flood and coastal defence legislation is permissive, empowering the Environment Agency (and the other operating authorities) to carry out works but not requiring them to undertake such works, either at all or to a given standard. The Government nevertheless expect operating authorities to exercise their powers, and respond to flood risks, in a responsible way, and to be ready to explain their policy in this regard.
We have provided operating authorities with guidance to allow them to take prioritised decisions on flood defence provision within a strategic framework. This has been further developed through the Government's High Level Targets for flood and coastal defence, published in November 1999, which include a requirement for all operating authorities to prepare a publicly available policy statement setting out their approach to flood and coastal defence.
The Environment Agency has a duty, under section 6(4) of the Environment Act 1995, to exercise a general supervision over all matters relating to flood defence in England and Wales. The way in which this duty will be exercised acknowledging other operating authorities' responsibilities was elaborated, alongside the High Level Targets, in November 1999.