5. What legal advice has the Counsel General given to the Welsh Government regarding responsibility for flood damage? OQ57252

Our national strategy for flood and coastal erosion risk management was published last October and it sets out the roles and responsibilities. These are not always entirely straightforward, hence why we have a measure in the strategy asking the flood and coastal erosion committee to work with the Welsh Government to explore ways to clarify the legislation.

Diolch, Gwnsler Cyffredinol. I would like to declare that I am a councillor on RCT council. As you will be aware, RCT council has published to date four section 19 reports into the flooding that occurred across the country borough as a result of storm Dennis in February 2020. One of the reports focused on the flooding in Pentre, which of course also suffered subsequent flooding. Can the Counsel General advise what the legal position would be if people were to seek compensation from Natural Resources Wales given that it is a Welsh Government sponsored body? Would any potential liability lie with Natural Resources Wales or Welsh Government as the funder of the body? You alluded to complications in terms of liability in relation to the strategy, so I think clarity on this would be helpful. 

Can I just say that it's not appropriate for me to give advice as Counsel General as to what the legal rights are of individuals, et cetera? They should, of necessity, if they believe there are issues, raise those with their own legal advisers. 

Good afternoon, Counsel General. We all know that climate change is driving ever more frequent extreme weather events, extreme weather events that cause great damage and destruction—extreme weather events such as storm Christoph, which wrought devastation across my constituency at the beginning of the year. These events are beyond the ability of local councils to prepare for, beyond them to protect against. Counsel General, do you agree therefore that councils shouldn't be left footing the bill for this clean-up, and if you do agree with me, will you urge your Cabinet colleagues to make immediate funding available to Denbighshire County Council to fund the rebuilding of the historic Llanerch bridge, which was destroyed in the storms of 2021? Thank you.  

Can I thank the Member for the question? I know that additional funding has been made available to councils in respect of flood damage and infrastructure repair. But I do very much welcome the principle he raises, because this is exactly the principle we've raised with the UK Government in respect of coal tips. This is a climate damage matter. There is a moral, political and an ethical responsibility for the legacy of coal mining and the risks that now exist, and the potential cost that will exist to many of our councils in respect of the instability that is developing, as a result of climate change, of those coal tips. I'm grateful for those comments, because they are certainly comments that we can now also forward to the UK Government with regard to their failure to provide the funding that I believe we are entitled to.