This report provides the Committee with an update on how Restoration of the River Wye is being progressed and the opportunity to consider how the matter should be kept under review by the Scrutiny Committee. 

The Committee gave consideration to the report as set out on pages 3-12 of the agenda supplement, which provided an update on the establishment of a Cabinet Phosphates Commission to address systemic and strategic issues regarding phosphate pollution in the River Wye, and invited the Scrutiny Committee to examine how it wished to keep the matter under review.

The Committee noted the proposed Terms of Reference for the Joint Cabinet Commission on Restoration of the River Wye and a number of initial observations were raised upon which additional assurances from the Executive were sought.

It was noted that the draft terms of reference did not contain a commitment to report back to the Environment and Sustainability Scrutiny Committee on the work of the Commission and progress achieved. It was therefore requested that regular update reports should be provided to the Committee, with a final report provided to the meeting scheduled for 10 March 2023.

It was also noted that although the Technical Advisory Group (TAG) was referred to in the report at Paragraph 12 in relation to a review of its governance arrangements, there was no mention of this in the draft terms of reference. The Delivery Director stated that the review of the Nutrient Management Board (NMB) governance arrangements set out at part 1 of the terms of reference would include the TAG and that there was ongoing engagement through officer attendance at TAG meetings which would continue, although the focus of the Commission was to look at the strategic picture rather than what practitioners could achieve through existing regulatory frameworks.

It was further noted that there was no reference to riparian buffer zones in the terms of reference as an area to be explored as part of the Commission’s work. The Delivery Director acknowledged the important role that these were likely to play in the restoration effort for the River Wye and catchment network, and confirmed it was the intention that by working with the farming sector, as set out in part 2 of the terms of reference, appropriate solutions such as this could be progressed.

The Executive Response to the scrutiny recommendation made at the July meeting of the Committee was noted. It was suggested however that the Executive’s stated undertaking to find ways to include expertise from across the membership of the Council in the work of the Commission was less than satisfactory and concerns were expressed that the Commission might become a remote, high level exercise led by the three Commissioners with limited opportunities for elected Members to participate in or contribute to its work. The Leader of the Council noted the concern but stressed that care also had to be taken to ensure that the Commission could conduct its work efficiently. The Committee noted the response but requested further clarification from the Executive in relation to what actions it will now take to progress its commitment to find ways to involve members from across the Council in the Commission’s work.

The Cabinet Member for Infrastructure and Transport provided an assurance to the Committee that the work of the Commission would not be duplicating the work of the NMB, but would instead be seeking to increase the level of influence exercised across the catchment area in areas of community leadership and planning and development functions, where the current regulatory framework alone was unlikely to achieve satisfactory resolutions. Whereas the NMB was considered to be constrained on political matters, it was intended that through shared political ownership between the partner authorities the Commission could apply a greater degree of political pressure upon key decision makers.

A particular concern was raised by the Committee as to whether the required authority was in place for the Commission to prepare a new strategic high level plan for the NMB and review its governance arrangements, (as stated at part 1 of the draft terms of reference of the Commission) and whether this implied that the Commission would try to direct the NMB on this matter, bearing in mind the status of both as independent, voluntary bodies. There was also a question raised over whether the NMB may have been referenced within the Council’s current Core Strategy, which, it was suggested, could have implications should the NMB be reformed. The Committee therefore requested further information to clarify the proposed relationship between the Commission and the NMB and how it was intended to support the objectives of each body.

A question was raised regarding whether there would need to be mutual agreement between the three partner authorities on the Commission in order for decisions to be carried. The Delivery Director advised that whilst consensus would be sought, it would remain the case that, as “sovereign bodies”, each local authority would retain the ability to put forward a minority proposal if necessary.

The Committee gave further consideration to the possible establishment of a Scrutiny Task and Finish Group to complement the work of the Commission, but it was felt that in order to consider if this might be appropriate, the information requests raised during the debate first needed to be received. It was therefore agreed that the River Wye - Options for Public Inquiry and Policy Review item be added to the Committee’s Work Programme for the scheduled November meeting so that the potential establishment of a Task and Finish Group could be revisited.

It was resolved that:

(i)          The Committee is assured, subject to the clarifications sought on the Commission’s terms of reference and on involving the wider membership of the Council, that Restoration of the River Wye public inquiry and review is being considered effectively through the Cabinet’s Phosphates Commission - Restoring the River Wye;

(ii)         The Executive Response and Cabinet decisions in response to the scrutiny recommendations on the Restoration of the River Wye – Options for Public Inquiry and Policy Review made at the Environment and Sustainability Scrutiny Committee on 26th July 2022 be noted; and

That the following information requests be made:

a.           Clarification of the Commission’s Terms of Reference with regards to the relationship between the Phosphates Commission and the Nutrient Management Board, so as to be clear as to what directives may be given to the Nutrient Management Board by the Commission, including any legal implications arising from the proposed rewriting of the Board’s strategy;

b.           Clarity on how the Executive will find ways to involve expertise from across the membership of the Council in the work of the Commission; and

c.           Further reports be requested to the Committee to provide updates on the progress of the Commission, including a progress report provided to the meeting scheduled for 10 March 2023.