Water (Special Measures) Bill Report Stage: New Clause 16

Tuesday, 28 January 2025 · Division No. 93 · Commons

181Ayes
322Noes
Defeated

145 MPs did not vote

cross-cuttingGovernment defeatedPro Water Quality(Yes)Ringfenced Environmental Funding(Yes)Pro Polluter Pays(Yes)Treasury Flexibility(No)

Voting Yes means

Support ringfencing water company fines into a dedicated Water Restoration Fund to improve freshwater environments, ensuring penalties directly benefit waterways rather than disappearing into general government finances

Voting No means

Oppose mandatory ringfencing of water company fines into a separate fund, preferring the government retains flexibility over how penalty revenues are allocated

What happened: The House of Commons voted on New Clause 16 during the Report Stage of the Water (Special Measures) Bill on 28 January 2025. The new clause, tabled by the Conservative opposition, would have required that monetary penalties (fines) collected from water companies for pollution offences be paid into a dedicated Water Restoration Fund, with that money then directed specifically towards improving freshwater environments in England. The motion was defeated by 322 votes to 181.

Why it matters: The practical effect of New Clause 16 would have been to ringfence fines levied against water companies so that the money could only be spent on restoring and improving waterways, rather than flowing into general Treasury funds. Supporters argued this would ensure bill payers and communities affected by sewage pollution saw a direct benefit from enforcement action. Without the clause, fines collected from water companies enter consolidated public spending, where the Treasury retains discretion over allocation. The vote means the government's preferred approach, keeping that Treasury flexibility, remains in place. The division affected how enforcement revenues from the water sector are treated within public finances, with consequences for rivers, chalk streams, and bathing waters across England.

The politics: The vote divided almost entirely along party lines. All 288 Labour MPs and 31 Labour and Co-operative MPs voted against, while Conservatives (97), Liberal Democrats (60), and smaller parties including Plaid Cymru, the Democratic Unionist Party, Reform UK, the Green Party, and the Ulster Unionist Party all voted in favour. This created an unusual cross-party alliance on the opposition benches, with parties of very different outlooks united behind the ringfencing principle. The Conservatives positioned the Water Restoration Fund as their own policy, originally established in 2022, and accused the government of abandoning it. The Liberal Democrats pressed for significantly stronger regulation throughout the Bill's passage. The Labour government argued that Treasury flexibility is necessary, and that this Bill represents just a first step in a broader reform programme. The defeat sits within a wider legislative context: the same day saw New Clause 19 defeated by a similar margin (180 to 325), and the Bill subsequently passed its later Commons stages and Lords ping-pong in February 2025.

How They Voted

Government position: No

Labour PartyWhipped No
0 Aye/288 No
Conservative and Unionist PartyWhipped Aye
97 Aye/0 No
Liberal DemocratsWhipped Aye
60 Aye/0 No
Labour and Co-operative PartyWhipped No
0 Aye/31 No
Independent
8 Aye/2 No
Reform UKWhipped Aye
4 Aye/0 No
Democratic Unionist PartyWhipped Aye
4 Aye/0 No
Plaid CymruWhipped Aye
4 Aye/0 No
Green Party of England and WalesWhipped Aye
3 Aye/0 No
Traditional Unionist Voice
1 Aye/0 No
Ulster Unionist Party
1 Aye/0 No
Your Party
0 Aye/1 No

What They Said in the Debate

Tim Farron

Liberal Democrat · Westmorland and Lonsdale

Opposed

Criticizing both regulation and the privatisation model, pushing for Ofwat abolition (New Clause 2), creditor liability (Amendment 9), tighter pollution targets (New Clause 25), and better monitoring tools for campaigners.

Voted Aye

Clive Lewis

Labour · Norwich South

Opposed

Arguing that England's privatised water model is failing and that investors and creditors, not consumers, should bear costs of company failures, while suggesting alternative public ownership models.

Voted No

Graham Stuart

Conservative · Beverley and Holderness

Opposed

Pressing the government to accept New Clause 16 on the water restoration fund, emphasizing that fines should fund environmental recovery rather than Treasury coffers.

Voted Aye

Dr Neil Hudson

Conservative · Epping Forest

Questioning

Opposition spokesperson supporting the Bill's intent but pressing for New Clause 16 (water restoration fund ringfencing), New Clause 17 (borrowing limits), and amendments preventing non-service-user bill increases in special administration.

Voted Aye

Emma Hardy

Labour · Kingston upon Hull West and Haltemprice

Supportive

Government minister defending the Bill's progress, welcoming New Clause 18 on water poverty, and committing to address environmental and consumer concerns through regulation and secondary legislation.

Voted No

Catherine Fookes

Labour · Monmouthshire

Supportive

Defending the Bill as a strong first step after Conservative inaction, praising progress on criminal charges and cost recovery, and rejecting Liberal Democrat amendments as overreach.

Voted No

Joy Morrissey

Conservative · Beaconsfield

Supportive

Supporting amendments 2 and 3 to criminalise failure to report emergency overflows and prohibit discharges in aquatic sports areas.

Voted Aye

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