Government is making OFWAT put profits before pollution of our harbours say local groups

The new Statutory Instrument, known as the “Growth Duty” could allow water companies to escape fines for sewage pollution and reduce transparency surrounding water company failures. The duty means that any regulator must consider the impact on economic growth before imposing a fine or action on a company.

“Certain enforcement actions, and other activities of the regulator, can be particularly damaging to growth. These include, for example, enforcement actions that limit or prevent a business from operating; financial sanctions; and publicity, in relation to a compliance failure that harms public confidence,” the regulation states.

Conservative MPs voted to downgrade Ofwat’s enforcement powers, despite cross-party opposition in the House of Commons. The opposition was led by the Liberal Democrats, who forced a Parliamentary vote on the new duty.

The latest development has disheartened local campaign groups who have been working for years to reduce the amount of pollution entering Chichester, Langstone and Pagham Harbours and the sea.

“This is just another kick in the teeth for our undervalued environment from this government that will put our declining environment under even more pressure” said Rob Bailey, co-founder of the Clean Harbours Partnership.

“Locals have been asking for tougher regulation to help reduce the pollution impacting our harbours and sea for years, but we seem to be constantly going backwards. First, restrictions limiting the amount of untreated sewage companies can dump were removed by the government, resources of the Environment Agency and Natural England to assess the pollution have been massively reduced and now the regulators hands are being tied behind their backs,” said Jess Brown-Fuller, Chichester’s Parliamentary Candidate for the Liberal Democrats, the party which forced the vote on the new duty last week.

“Chichester’s water-based environment is one of our most important assets, economically, socially, and environmentally. It is important to residents and visitors alike and is home to internationally recognised wetlands and wildlife habitats. Why is our government unable to recognise its intrinsic value and the damage that is being done to it?” she asked.

“I have never been in favour of fines on companies because they are typically of an insignificant amount compared to turnover and they are just charged as an operating cost. But I am very concerned that the new duty might prevent OFWAT being able to impose bonus restrictions on senior executives who fail (individually or collectively) to deliver on clear environmental and operational objectives set by regulators,” said Keith Meadmore, water spokesperson for Save our South Coast Alliance (SOSCA).

“There should be nothing that gets in the way of OFWAT’s absolute priority to force water companies to clean up their operations,” said Carey Mackinnon, founder of Manhood based community group, Manhope.

“Earnley parish residents have had some severe problems with water pollution after heavy rainfall, which has only been exacerbated by Southern Water caving into developers demands for connections to new homes without Southern Water upgrading the necessary infrastructure. They put profits before the welfare of existing customers,” said Robert Carey, chairman of Earnley Parish Council.

“This new law requiring OFWAT to “have regard to the desirability of promoting economic growth” may result in reduced fines and inaction over the rising tide of pollution. Money and profit do not sit with the essential supply of clean water and the effective disposal of sewage,” said Joan Foster, chair of the Manhood Peninsula Action Group.

“It appears that the government has more concern over the wealth and profits of overseas investment companies who own our water companies than the wealth and health of their own citizens. Harming our rivers, harbours, and seas, with increasing volumes of untreated wastewater, harms our fishing industry and our tourist industry. This is devastating for communities around Chichester,” said a member of local sea swimming group, Bracklesham Blue Tits.

“The sea has been distinctly brown this winter,” she said, adding: “I have been a regular swimmer here for 30 years and it has never been so bad. It is tragic that we are so wantonly destroying one of Britain’s greatest assets, its coastal environment.”

Mike Owens, local clean seas advocate and member of Hayling Island Sewage Watch, criticised: “Yet more government myopic ineptitude that will inevitably reduce regulator enforcement to apply financial pain congruent with the polluting activities of water companies. The more water companies pollute; the more fines they attract; the more fines weaken their financial position; leading to more lenient regulator inflicted pain – that’s a truly absurd model that will unequivocally not fix environmental pollution.”

“I would advocate applying financial pain and/or jail sentences for water company decision makers instead. This approach would surely focus minds to be more critically incisive to better protect our environment and all those that immerse themselves in it?” he added.