Ofwat\u2019s direct enforcement powers and sanctions are primarily focused on the regulated business. However, Ofwat is incentivising the link between performance and compliance and the role of individual company staff, which can deter poor performance or non-compliance. For example, under the Environment Bill we gave Ofwat increased powers to modify water company licence conditions under the Environment Act. Ofwat are now consulting on using these powers which will enable them to take enforcement action against companies that don\u2019t link dividend payments to their environmental performance, or those failing to be transparent about their dividend pay-outs.<\/p>
As the environmental regulator, the Environment Agency can and does prosecute company directors and other senior officers where the necessary evidence can be obtained to meet that test. As set out in Reg 41 Environmental Permitting Regulations 2016, the courts already have powers to fine directors and other officers of companies which are convicted of polluting rivers and coastal waters, where it can be proved that the offence has been committed with the consent or connivance of such officer or attributable to their neglect.<\/p>
Ofwat, as the independent economic regulator, protects the interests of consumers by ensuring water companies properly carry out their statutory functions, including their environmental responsibilities. They will not hesitate to take enforcement action where these duties are breached.<\/p>
For instance, in 2019, Ofwat imposed a penalty package on Southern Water of £126 million for spills of wastewater into the environment from its sewerage plants and for deliberately misreporting its performance.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/1547", "label" : {"_value" : "Biography information for Lord Benyon"} } , "answeringMemberPrinted" : {"_value" : "Lord Benyon"} , "dateOfAnswer" : {"_value" : "2023-02-13", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2023-02-13T15:05:34.723Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "13"} , "answeringDeptShortName" : {"_value" : "Environment, Food and Rural Affairs"} , "answeringDeptSortName" : {"_value" : "Environment, Food and Rural Affairs"} , "date" : {"_value" : "2023-02-03", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Water Companies: Directors"} , "houseId" : {"_value" : "2"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"} } ], "questionText" : "To ask His Majesty's Government what plans they have to authorise OFWAT (1) to levy personal fines, and (2) to bring criminal prosecutions, against directors of water companies responsible for discharging raw sewage in rivers and seas above the statutory limits.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/4885", "label" : {"_value" : "Biography information for Lord Sikka"} } , "tablingMemberPrinted" : [{"_value" : "Lord Sikka"} ], "uin" : "HL5415"} , {"_about" : "http://data.parliament.uk/resources/1403684", "AnsweringBody" : [{"_value" : "Department for Education"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1403684/answer", "answerText" : {"_value" : "
During the autumn term, the department provided over 350,000 CO2 monitors to all state-funded education settings, including early years, schools, and further education providers, backed by £25 million in government funding. Feedback suggests that schools are finding the monitors helpful to manage ventilation and, in the majority of education providers, existing ventilation measures are sufficient.<\/p>
Where an area of poor ventilation has been identified that cannot be resolved through simple measures such as opening doors and windows, schools are advised to explore what remedial works may be required to improve ventilation.<\/p>
The department does not hold data on the number of classrooms that have windows that cannot be opened. Maintaining adequate ventilation remains the responsibility of individual education providers. The law says employers, including education and childcare providers, must make sure there is an adequate supply of fresh air (ventilation) in enclosed areas of the workplace. This has not changed during the COVID-19 outbreak. Health and Safety Executive provides more information at: https://www.hse.gov.uk/coronavirus/equipment-and-machinery/air-conditioning-and-ventilation/index.htm<\/a>. Schools, colleges, and universities are expected to plan and prioritise any necessary remedial works within existing budgets. For more substantial capital works, education providers and those responsible for buildings have access to funding to improve the condition of buildings through different routes depending on their size and type.<\/p> Where it is not possible to maintain adequate ventilation, it may be appropriate for education providers to consider the use of an air cleaning unit while the underlying ventilation issue is addressed.<\/p> On 2 January, we announced that we are supplying up to a total of 8,000 air cleaning units to providers. My right hon. Friend, the Secretary of State for Education, is making a new commitment to fulfil all eligible applications from education settings for air cleaning units, and will make up to an additional 1,000 units available to do so. Our decision to make air cleaning units available for poorly ventilated spaces in education providers was informed by advice from the Scientific Advisory Group for Emergencies (SAGE) and external consultation with specialists. We have closely monitored the evidence and reviewed the scientific literature, including evidence from SAGE and the Environmental Modelling Group on the application of air cleaning units to manage the transmission of COVID-19. This evidence is available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/939173/S0867_EMG_Potential_application_of_air_cleaning_devices_and_personal_decontamination_to_manage_transmission_of_COVID-19.pdf<\/a>.When used properly, air cleaning units can help reduce airborne contaminants in a poorly ventilated space, including viruses like COVID-19. \u202fAir cleaning units are not a substitute for ventilation and should never be used as a reason to reduce ventilation. They are not necessary in spaces that are adequately ventilated. We will continue to develop our policy and guidance on ventilation in line with the latest scientific advice and in consultation with industry-wide experts.<\/p>