The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dan Rogerson)
Following our Welsh colleagues’ deliberations to mark St David’s day, Madam Deputy Speaker, I wish you and the House gool Peran lowen—a happy St Piran’s day—for yesterday, on behalf of Cornish colleagues.
I was horrified to hear the story that my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith) has shared with us. He has raised it several times in this place and elsewhere, and he is absolutely right to do so. The issues are very serious, and his points about the regulation of the Blackwater (North East) Ltd waste site are crucial ones for us to bear in mind as we consider the regulatory framework across the country.
I recognise how diligently my right hon. Friend has represented the interests of his constituents, many of whom have endured significant disruption to their lives and have had to contend with fears about the health effects of the fumes from the fire. I also recognise and commend the work of the site’s landowners, Mr and Mrs Blythe, in helping to extinguish the fire and to prevent pollution from the extinguished waste, as my right hon. Friend set out.
I welcome reports that the firefighting strategy and actions taken to control the run-off of firewater have so far proved effective and have prevented the contamination of both surface water and groundwater. I understand that Public Health England has advised that it does not expect there to be any long-term health effects from the fire.
My right hon. Friend rightly wants to know when his constituents will be rid of the waste operation, and when the stored waste will be removed. The site must now be returned to a condition that does not pose a continuing risk to the local community and the environment. The primary legal responsibility for that sits firmly with Blackwater, as the holder of the environmental permit. The site operator must meet his responsibility to clear the site and make it safe. As my right hon. Friend said, the landowners, Mr and Mrs Blythe, are calling for the Environment Agency to remove the residual waste from the site. The full cost of removing and disposing of the waste is estimated to be in the region of £635,000. Clearly, the removal of the stored waste must be a priority for all concerned.
I understand that there were early signs that the operator of the site was co-operating with the Environment Agency to address the breaches of his permit. However, as my right hon. Friend will be aware, the agency found it necessary to serve an enforcement notice on Blackwater on 10 January 2014. The notice required the company to comply with its environmental permit by removing all the extinguished waste by 24 February.
The site operator has utterly failed to comply with the notice. As a result, the Environment Agency is gathering evidence and has called the operator to a formal interview under caution to answer allegations of non-compliance, which could lead to prosecution or other enforcement action, including a court order to clear the site. If the operator is prosecuted, he should face the full consequences of his failings.
The seriousness of environmental offences and their environmental and economic impact has been recognised and embodied in the Sentencing Council’s definitive guideline on environmental offences, which was published last week. In following the guideline, it is hoped that courts will reflect the true cost of breaches of environmental legislation when sentencing offenders and that that will act as a strong deterrent.
As my right hon. Friend has indicated, the Environment Agency has discretionary powers that enable it to take action and recover costs.
Sir Alan Beith
I took part in the framing of the sentencing guidelines and hope that they will provide strong guidance if the matter comes to court. The Minister has referred to the recent decision to take enforcement action. Will he deal later in his remarks with the extraordinarily long period of inaction between 2011 and 2013?
Dan Rogerson
I assure my right hon. Friend that I will talk about the discussions that I have had with the Environment Agency on earlier intervention in sites that may cause a problem or that are causing alarm.
In the first instance, the Environment Agency is encouraging the operator and the landowner to liaise with their respective insurers so that the cost of clearing and disposing of the waste does not add to the significant costs that have been incurred by the public purse in responding to the incident and in the subsequent pollution monitoring. Given the potential cost that I have set out, we must do everything that we can to avoid it being borne by the public purse. We face many challenges and the Environment Agency is doing a great deal of work across a range of issues, not least as a result of the recent extreme weather events. We must not leap up to incur these costs because they would have an impact on the budget of the Environment Agency or the local authority that intervened.
More generally, I hope that it will reassure my right hon. Friend to hear that I have been working with the Environment Agency and others to consider how we might prevent problems like those at Thrunton from arising, so that we do not have to take lengthy and costly remedial action. I met the chairman of the Environment Agency, Lord Smith of Finsbury, and its chief executive, Dr Paul Leinster, late last year to discuss these matters, following my appointment as Minister in October. I will do so again shortly.
The agency is under a duty to ensure that site operators are in a position to meet the obligations under their permits. I have challenged the agency to come to me with proposals on this issue. I am pleased to say that it is exploring, with representatives of the waste management industry, how operators can ensure that they are in a position to fund their obligations, including any potential clear-up and reducing the risk of the abandonment of waste and waste fires.
The Department for Environment, Food and Rural Affairs and the Environment Agency are working with the waste industry and the fire and rescue service to identify the root cause of fire incidents. We will assess the lessons that can be learned and the longer-term interventions that may be needed. The Environment Agency is reviewing what it can do to reduce the risk of fires, reduce the drivers of non-compliant behaviour and tackle the problem swiftly.
My right hon. Friend rightly focused on the agency’s approach to the enforcement of the permit conditions at the site. The Environment Agency has a statutory duty to carry out appropriate periodic inspections of regulated facilities to check their compliance with the terms and conditions of the environmental permits that it grants.
The agency has my full backing to take tough and timely enforcement action against those who repeatedly flout the law, undermine the legitimate waste management industry, and cause suffering to local communities. As part of the lessons to be learned from the handling of this case, I will ask the agency to consider whether its enforcement action could have been swifter.
I acknowledge that there have been several recent fires at regulated waste sites, with impacts on local communities that are similar to this case. Some 97% of waste management operators are good performers, so the emphasis must be on how best to intervene early to deal with the non-compliance of the poorest performers in a way that prevents harm to human health and damage to the environment.
The impact of poor performance and waste fires is one topic in the report, “Waste Crime: Tackling Britain’s Dirty Secret”, which was published on Tuesday this week by the Environmental Services Association Education Trust. I made it clear at the launch of that report that the Government want legitimate waste businesses to prosper and grow. Effective compliance and enforcement are needed to ensure that the market operates as we want, and that serious environmental damage is avoided. My right hon. Friend can be assured that I will continue to monitor the outcome of the incident, and work with the agency to ensure that lessons are learned. I will write to inform him of the actions to be taken as a result.
Sir Alan Beith
I would like to be sure of two things from the Minister. First, does he believe that an atmosphere was created in which the agency did not feel that it could or should use its powers, and that that was perhaps contributed to by inappropriate political pressures such as those I have described? Secondly, is he prepared to talk further with the Environment Agency about how we can avoid a situation in which a landowner who has done so much to deal with the problem is landed with the quite impossible total cost of the clear up?
Dan Rogerson
I am happy to make such an undertaking on my right hon. Friend’s latter point, and in my discussions on the more general points I will look at the specifics of this case and at how Mr Blythe might be affected and what can be done, given the helpful attitude he has shown and the effort he has put into tackling the incident.
On the point about interference, I have made it clear that we expect the agency to intervene early. It is not my understanding that anything resulted from any contact there may have been with the Department on issues such as this, and in discussions with the agency I have made it clear that I expect it to tackle such problems early. I hope my right hon. Friend will feel that that is the correct way to deal with this and that that is the attitude we should be showing when tackling operators who are not managing resources effectively or moving towards the circular economy we want to see, but who are profiting at the expense of the local environment and local communities.
Question put and agreed to.