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New laws coming into force in England and Wales could see water company executives face up to two years in prison for obstructing investigations into illegal sewage spills. Under the government’s landmark Water Act, executives who fail to meet the Environment Agency’s standards to protect the environment will also be banned from receiving their bonuses.
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.
Philip Duffy, chief executive of the Environment Agency said: “The Water (Special Measures) Act was a crucial step in making sure water companies take full responsibility for their impact on the environment. The tougher powers we have gained though this legislation will allow us, as the regulator, to close the justice gap, deliver swifter enforcement action and ultimately deter illegal activity”.
Campaigners remain sceptical
Offences will now be tried in both the crown and magistrates’ courts and will bring water regulation powers in line with other sectors, such as those covering health and safety investigations.
Campaigners have welcomed the new powers, but reportedly remain sceptical. James Wallace of River Action says unless actual prison sentences are handed down, this is just “theatre”. Despite widespread spills of raw sewage into waterways, no prison sentences have been handed to water executives since companies were privatised. Only three water company officials have been criminally prosecuted for obstructing investigations by the Environment Agency, with no fines issued.
Government sewage taskforce has not met in three years
Additionally, the i Paper has revealed the Government’s storm overflow task force set up to reduce sewage discharges by water companies in England has not met in nearly three years.
The task force was set up under the previous Conservative Government in 2020 and includes members from Defra, the Environment Agency, Ofwat, the Consumer Council for Water (CCW), Wessex Water and environmental NGOs. The group’s aim is to develop proposals to “significantly reduce the frequency and impact of sewage discharges from storm overflows” and take “short-term actions” to address the harm caused by spills. The task force’s terms of reference claim it will convene fortnightly, but a freedom of information request has revealed the group has not met since August 2022, when the team published its Storm Overflows Discharge Reduction Plan.
Water UK, the industry regulator, said wastewater firms have followed the plan and invested £12bn to almost halve storm overflows by 2030. In that time, average water bills went up by £144, including an increase of £58 between 2023 and 2025 to account for inflation, alongside a £86 hike in the year starting from April, which Ofwat approved in December. This marks a 33.6 per cent increase since the task force’s last meeting.
According to the i Paper, regulators appeared unaware of whether the task force is still active. The CCW said it “understands” the group is inactive, while Defra said it has “not received any notification that the [task force] has closed.” Defra did add, however, that the task force was created by the previous Conservative Government, and its members are not remunerated for their roles in it.
Campaigners are reportedly concerned the Independent Water Commission, led by Sir Jon Cunliffe, could meet the same fate. Ashley Smith, founder of the Windrush Against Sewage Pollution (WASP) campaign group, has warned NGOs the Water Commission is “designed to buy the Government time and manipulate the outcome while not having any impact” on water bills.