Minister for Water and Flooding (): The Government is pleased to
announce that today we have launched a consultation on
strengthening the Environment Agency's tools for enforcing
against offences committed by water companies.
Currently, the Environment Agency has to be satisfied “beyond
reasonable doubt” - the criminal standard of proof - that an
offence has been committed to issue monetary penalties. We are
proposing changes that would allow the Environment Agency to
impose penalties to the civil standard of proof (“on the balance
of probabilities”). This will enable minor to moderate offences
to be enforced more quickly, cost effectively and
proportionately.
We are also consulting on the introduction of automatic
penalties. These fixed penalties would be triggered in specific
circumstances including late reporting of significant pollution
incidents, failure to report monitoring data for storm and
emergency overflows monthly, and where there is not accurate and
reliable monitoring in place to measure water abstraction.
Automatic penalties are designed to streamline the penalty
process for offences that can be identified and evidenced
quickly.
These changes will deliver a clear, transparent and robust
enforcement regime that drives real change. The penalties will
act as a proportionate deterrent, incentivising water companies
to improve their performance and restoring public trust.
The new penalties will sit alongside and complement the existing
enforcement options, including prosecution and unlimited
penalties to the criminal standard of proof, that will continue
to be used to enforce more serious offences.
We encourage everyone with an interest in the performance of the
water sector to share their views and help shape the future of
enforcement.
