Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government, further to the response by Lord Callanan on 14 December (HL Deb, col 1410), what specific steps they are taking to meet their tree planting target for (1) 2020, (2) 2021, and (3) any future years.
Answered by Lord Goldsmith of Richmond Park
We committed in our manifesto to increasing planting across the UK to 30,000 hectares per year by 2025 and are exploring whether longer-term statutory targets for trees in England would be appropriate.
To achieve this, we announced a £640 million Nature for Climate Fund to increase planting in England over this parliament and will publish a new England Tree Strategy in spring.
This year we kick-started efforts through:
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what measures are in place (1) to prevent, and (2) to minimise the impact of, any environmental governance gap after 31 December.
Answered by Lord Goldsmith of Richmond Park
The European Union (Withdrawal) Act 2018 will make sure all existing EU environmental law continues to operate in UK law at the end of the transition period, providing businesses and stakeholders with certainty. We have a long history of environmental protection supported by a strong legal framework which predates membership of the EU, and we will safeguard and improve on this record.
As regards scrutiny of the implementation of environmental measures, the Government intends to bring the Office for Environmental Protection (OEP) into operation in 2021. The delay to the Environment Bill due to Covid-19 means it will not be formally established by the beginning of the year as originally planned. The Government is therefore establishing an interim secretariat which will support the OEP Chair-designate and will receive complaints about alleged failures of public authorities to comply with environmental law from the start of next year. This will be in place until the OEP can begin its statutory functions.
As a result, the OEP will be able to use its legal powers to investigate and take enforcement action, where appropriate, against any serious failures alleged to have occurred from 1 January 2021. For example, if the interim Secretariat receives a complaint in February 2021 about an alleged failure to comply with environmental law which happens in January 2021, it will pass this to the OEP once it becomes operational. At that point the OEP will be able to consider whether the matter is serious and action should be taken in connection with that complaint. As a result, there will be no gap in time where public authorities cannot be held to account.
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what steps they are taking to reach their tree planting target as set out in the Tree Planting Strategy; and if they have not reached that target, what assessment they have made of the reasons why they have not done so.
Answered by Lord Goldsmith of Richmond Park
We committed in our manifesto to increase tree planting across the UK to 30,000 hectares per year by 2025.
As noted in a public paper this summer, we are exploring whether a statutory target for trees in England would be appropriate, under the target setting process proposed by the Environment Bill.
To increase planting in England, we recently consulted on proposals for a new ambitious England Tree Strategy, which will be published in spring 2021. This will set out priority policies and plans for the £640m Nature for Climate Fund.
The planting season begins soon, and we hope to build on the increasing annual planting rates seen in England over the last few years.
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government, further to the report by the World Wide Fund for Nature and the Institute of Zoology Living Planet Report, published in September, what steps they are taking to work with business to address species and habitat destruction caused by UK supply chains.
Answered by Lord Goldsmith of Richmond Park
The Government regularly engages with businesses in the UK to support the transition to sustainable supply chains. For example, the Government has engaged with the UK Roundtable on Sourcing Sustainable Palm Oil since 2012, and the UK Roundtable on Sustainable Soya since 2018 when it was established. With the support of roundtables the UK achieved 77% certified sustainable palm oil in 2018 – up from 16% in 2010. The Government also engages through the Council for Sustainable Business, who advises Defra on how businesses can help achieve the aims of the 25 Year Environment Plan. Biodiversity is one of the three challenges the Council is focusing on in 2020.
In July 2019 the Government convened the Global Resource Initiative (GRI) taskforce to investigate what the UK can do to reduce our global environmental footprint, fulfilling a 25 Year Environment Plan commitment. The GRI drew on a wide range of expertise from across business, finance and civil society and consulted over 200 businesses and organisations to formulate their final recommendations report, which was published in March this year. We are considering the GRI recommendations carefully and will issue a formal response in due course.
Drawing on the GRI recommendations, the Government recently consulted on whether to introduce a mandatory due diligence requirement to tackle climate change and prevent biodiversity loss in supply chains by making it illegal for larger businesses to use forest risk commodities that have not been produced in accordance with relevant local laws. The due diligence consultation closed on 5 October 2020, generating a wealth of responses including from businesses. We will be publishing a response on gov.uk shortly, including a summary of the feedback received.
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government, further to the Written Answer by Lord Goldsmith of Richmond Park (HL226), what assessment they have made of how waste that is returned to its site of origin following inspection, or prevented from reaching ports, is (1) managed, and (2) processed, once returned to its site of origin.
Answered by Lord Goldsmith of Richmond Park
The Environment Agency (EA) is the competent authority for waste shipments for England. The actions taken by EA officers when they prevent a proposed waste shipment leaving a site or leaving a port will be determined on a case by case basis. When EA officers stop a shipment of waste at port, they oversee the return of the waste to either the site of origin or to an appropriately permitted waste facility. Waste can be held at port until the EA are satisfied that those responsible for the shipment have put appropriate measures in place to manage the waste in accordance with the relevant waste legislation. EA intervention at sites of loading will include officers explaining to businesses why waste cannot be exported, for example if there is evidence of poor waste quality or paperwork issues, and this intervention activity prevents thousands of tonnes of waste from being illegally exported each year. The EA addresses the illegal export of waste using an intelligence-led approach and EA officers will continue to monitor the compliance of those deemed at risk of illegal export, ensuring improvements are made and future shipments are compliant with the regulations.
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government, further to the Written Answer by Lord Goldsmith of Richmond Park (HL226), what assessment they have made of the proportion of shipping containers being returned following inspection; and what action they intend to take as a result.
Answered by Lord Goldsmith of Richmond Park
Of the 42 improperly documented containers of plastic waste referred to in the written answer by Lord Goldsmith of Richmond Park (HL226) 38 containers have been returned to the UK. The Environment Agency (EA) are awaiting the return of 4 containers from Malaysia and these are due to return to England by the end of March 2020. The EA, as the competent authority of England, is overseeing the voluntary return of all 42 containers of waste however the return of the containers is being managed and financed by the parties involved in the original export to Malaysia as it is their responsibility. The EA continues to closely monitor the return to England and subsequent lawful recovery or disposal of the waste in the UK. The circumstances relevant to the export of these containers is currently being investigated and it is not possible to comment any further at this time.
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government, further to the Written Answer by Lord Goldsmith of Richmond Park (HL226), what assessment they have made of the effectiveness of sanctions as a means of discouraging the export of illegal waste shipments.
Answered by Lord Goldsmith of Richmond Park
The four UK regulators have a range of enforcement tools and sanctions available in respect to waste exports offences. The Environment Agency (EA) has published an Enforcement and Sanctions Policy and it details how the EA make enforcement and sanctioning decisions including the decision to prosecute. The EA also have internal enforcement governance procedures to ensure consistency, transparency and accountability for all enforcement recommendations or decisions they make. These procedures enable the EA to monitor offending and the sanctions and other interventions they use.
The Government has committed in the Resources & Waste Strategy to review the regulatory framework covering waste exports. We will consult this year on actions to better manage and control waste exports, including through tighter monitoring and enforcement of the existing regulations and we will seek views on the effectiveness of sanctions as part of that consultation.
The Environment Bill also includes a power to introduce electronic tracking of waste to help tackle waste crime here in the UK and prevent illegal waste from being shipped abroad.
Recognising the difficulties experienced by some countries in managing imports of plastic waste, the Queen’s Speech on 19 December last year included a commitment to ban the export of plastic wastes to countries that are not members of the Organisation for Economic Cooperation and Development. We will consult this year on the date by which this should be achieved.
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government, further to the Written Answer by Lord Goldsmith of Richmond Park (HL226), how many successful prosecutions there were for breaches of waste shipment legislation in each of the past five years.
Answered by Lord Goldsmith of Richmond Park
The Environment Agency (EA) is responsible for enforcing waste shipments legislation in England. The EA aims to make sure its enforcement response is proportionate and appropriate to each situation and the EA has a range of enforcement powers and sanctions available to it to secure compliance. The EA’s first response is usually to give advice and guidance to bring an offender into compliance where possible. Where a criminal offence has been committed, in addition to any other enforcement action, the EA will consider instituting a prosecution, administering a caution or issuing a warning. Any UK operators found to be illegally exporting waste can face severe sanctions – from financial penalties up to imprisonment for a period of up to two years. The table below details the range of EA enforcement action over the past five years, including successful prosecutions.
Illegal Waste Export Enforcement 2015 – 2020 (to date) | |||||||||
Financial Year | Total Prosecutions | Court Fines | Imprisonment | Suspended Custodial Sentences | Cautions issued by EA | EA Warning Letters | Fixed Penalty Notices1 | Civil Sanctions1 | Stop/ Prevention Notices |
2015-16 | 3 | £30,450 | 0 | 3 | 0 | 9 | 0 | 0 | 168 |
2016-17 | 1 | £1,800 | 0 | 1 | 0 | 11 | 1 | 1 | 150 |
2017-18 | 0 | £0 | 0 | 0 | 1 | 4 | 0 | 0 | 160 |
2018-19 | 0 | £0 | 0 | 0 | 0 | 3 | 0 | 0 | 238 |
2019-20 to date | 1 | £350,000 | 0 | 0 | - | - | - | - | - |
Totals | 5 | £382,250 | 0 | 4 | 1 | 27 | 1 | 1 | 716 |
[1] Issued by the Environment Agency
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what progress they have made towards reducing the production of unnecessary plastic and encouraging the development of alternatives to plastic.
Answered by Lord Goldsmith of Richmond Park
The Government’s Resources and Waste Strategy (RWS) for England, published in December 2018, sets out our plans to reduce, reuse, and recycle more plastic than we do now. Our target is to eliminate all avoidable plastic waste throughout the lifetime of the 25 Year Environment Plan, but for the most problematic plastics we are going faster - that is why we are working towards all plastic packaging placed on the market being recyclable, reusable, or compostable by 2025.
We have already made good progress. The Government’s 5p plastic bag charge has led to a 90% reduction in the use of plastic carrier bags in the main retailers, and last year we consulted on plans to extend the charge to all retailers and on increasing the minimum charge to at least 10p. A summary of responses will be published soon. We have also introduced a world-leading ban on the sale of microbeads in rinse-off personal care products.
In 2019, the Government consulted on a number of key policy measures set out in the RWS: reforming existing packaging waste regulations; exploring the introduction of a deposit return scheme for drinks containers; increasing consistency in the recycling system; and introducing a tax on plastic packaging with less than 30% recycled content. These measures will help reduce the production of unnecessary plastic and encourage the development of alternatives to plastic. In July 2019, the Government published its responses to these consultations; more detailed consultations on these measures will be published this year. As announced in the Queen’s speech the forthcoming Environment Bill will include powers to enable Government to deliver these measures.
The Government has also announced £60 million of funding through the Industrial Strategy Challenge Fund, alongside a £150 million investment from industry, towards the development of smart, sustainable plastic packaging, which will aim to make the UK a world-leader in sustainable packaging for consumer products. To better understand some of these new and emerging materials, the Government published a call for evidence on the development of standards for bio-based, biodegradable, and compostable plastics last year. We recognise the role these materials could play in reducing the impact of plastic waste, however we must be wary of unintended consequences. A Government response to this call for evidence will be published in spring.
Asked by: Lord Bishop of Salisbury (Bishops - Bishops)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government what assessment they have made of the illegal shipment of plastic waste from the UK to Malaysia, following the decision by the government of China to ban any international plastic waste being processed within mainland China.
Answered by Lord Goldsmith of Richmond Park
The Government is deeply concerned about the illegal trade in waste, including reports of illegal plastic waste exported from the UK to Malaysia. Recognising the difficulties experienced by some countries in managing imports of plastic waste, the Queen’s Speech on the 19 December included a commitment to ban the export of polluting plastic wastes to countries that are not members of the Organisation for Economic Cooperation and Development (OECD). We will consult this year on the date by which this should be achieved.
We are working closely with the Malaysian Government to support the return of 42 improperly documented containers of plastic waste. In addition, the British High Commission in Kuala Lumpur is currently supporting the Malaysian Government in tackling the wider plastic waste problem. This includes sharing UK experience as well as collaborating with the Malaysian Government in developing a Malaysian version of a Plastics Pact (a cross stakeholder grouping) to drive more effective management of plastic and plastic wastes. My department and the British High Commission also facilitated a technical meeting in Kuala Lumpur between UK and Malaysian enforcement authorities to improve plastic waste export/import protocols.
While we acknowledge that there is a legitimate export market for plastic waste as a secondary raw material, we take firm action to enforce against those engaged in the illegal export of contaminated, low quality and unrecyclable plastic wastes.
Compliance with the legislation on waste shipments is monitored by the UK’s four environmental regulators[1]. In England in 2018/19 the Environment Agency inspected almost 1,000 shipping containers at ports and returned over 200 of those to sites. During this period, the Environment Agency also prevented 12,000 tonnes of waste from reaching ports which may have otherwise been exported illegally. Any operators found to be illegally exporting waste can face severe sanctions – from financial penalties to imprisonment for a period of up to two years.
[1] The Environment Agency in England, the Scottish Environment Protection Agency, the Northern Ireland Environment Agency and Natural Resources Wales