Flooding: Somerset

Debate between Lord De Mauley and Lord Jenkin of Roding

Monday 10th February 2014 Lords Chamber

[Lord Jenkin of Roding]

He says in considerable detail what actually should be done.

[Lord De Mauley]

I thank my noble friend for that. It is one of the helpful pieces of advice that is coming in. One issue that has been raised from a lot of quarters is that of dredging, which is only one part of flood maintenance work. Evidence shows that other maintenance activities, such as maintaining pumps, sluice gates and raised embankments, can sometimes provide better value for money in terms of protecting communities from flooding. The effectiveness of dredging in managing flood risk will therefore continue to be assessed on a location-by-location basis in full discussion with local communities and landowners. But I take my noble friend’s advice.

Flooding: Somerset

Debate between Lord De Mauley and Lord Jenkin of Roding

Thursday 6th February 2014 Lords Chamber

[Lord De Mauley]

I am sorry to hear that the noble Baroness thinks that. As she knows, I will be repeating a Statement which covers funding, among other things. I agree with her expression of sympathy for local residents. However, it is reasonable to say that there is a scheme of partnership funding and, certainly in other parts of England, it is working extremely well.

[Lord Jenkin of Roding (Con)]

My Lords, I do not think that my noble friend really gave a proper answer to the very relevant question asked by the noble Lord, Lord Berkeley. There have been many complaints by the residents of the Somerset Levels that the Environment Agency seems to be prioritising birds over the needs of people. What is the Environment Agency’s answer to that charge, which seems to be very widely felt by the people in the area?

[Lord De Mauley]

What I can say to my noble friend, which will not entirely satisfy him, is that I referred earlier to an action plan that has been demanded by my right honourable friend. Dredging will form part of that plan but it will not provide the whole answer. The plan will have to consider a whole range of options for improving the area’s resilience in the long term.

Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012

Debate between Lord De Mauley and Lord Jenkin of Roding

Tuesday 20th November 2012 Grand Committee

[Lord Jenkin of Roding]

Does the Minister think that the two trade associations whose representatives he met, the British Plastics Federation and the Packaging and Films Association, represent only a small part of the industry? That is not the impression they gave me.

[Lord De Mauley]

My Lords, the calculations I have been given indicate what I have just stated. Furthermore, I understand that there were opposing views even among the members of those associations who responded to the consultation. I do not argue with the fact that there has been opposition and that it is important to consider it. Indeed, I have and am considering it.

[Lord De Mauley]

If I may, I shall come to the advisory committee later in the debate.

My noble friend Lord Jenkin referred to his concerns about the achievability of the targets. I shall go into some detail on that because I think it will be helpful to noble Lords. The 42% recycling rate was consulted on and, as I said, the majority of the consultation responses supported the proposal. I acknowledge that the target is challenging and we will monitor progress closely, calling on the expertise of the Advisory Committee on Packaging. In responding to the consultation, waste companies, reprocessors and local authorities felt that the infrastructure was sufficient to deal with demand and that further infrastructure would come on stream by 2017 to cope with increased supply and demand—I think that that is the question to which the noble Lord, Lord Knight, referred. The quality of recyclates is also something that the Government take seriously. My officials are working on an action plan, to which my noble friend referred, to address the quality of recyclates, and it will be published shortly.

I turn now to the targets themselves. As I say, it might be helpful to noble Lords if I go into a little detail on these. Defra has conducted a full analysis of how the targets can be achieved. As with any projections, assumptions have been made. That is why we exposed our analysis to scrutiny through public consultation and we asked industry if we had got it right. Most of the organisations that will be required to collect, sort and reprocess the additional material thought that the higher targets would be achievable. However, as we heard today, some in the plastics manufacturing industry remain concerned about the achievability of the plastics targets. Officials have met representatives of the industry and, as my noble friend said, I myself have met them. I have carefully reviewed the concerns raised and the evidence provided.

I will take the different targets in turn, starting with plastic bottles. The lion’s share of hitting this target will fall to bottle recycling. Good progress has been made, with the UK now recycling just over half of the bottles that are thrown away. However, around 240,000 tonnes of household plastic bottles that are disposed of in households with access to plastic bottle recycling collection points still end up in landfill. This makes no sense. The material has a value of at least £18 million. We must get it out of landfill and into recycling. This can be done relatively cheaply because the infrastructure is already in place. Nearly every local authority in the country is collecting bottles, while the sorting and reprocessing infrastructure is well established and the end markets are thriving. The key to capturing thousands more tonnes of plastic bottles is communication. I want to see industry and local authorities working together to communicate to the householder. For example, the plastics industry could follow the model adopted by the metal packaging and reprocessing industry under its “Metal Matters” campaign, which has increased householder participation in recycling schemes by up to 40%.

The other source of plastic packaging we expect to make a major contribution to achieving the targets is from the commercial and industrial sector. Our estimates suggest that a significant tonnage is currently being recycled but is not being counted by the PRN system. Indeed, in 2005 almost 350,000 tonnes of commercial and industrial plastic packaging was collected for recycling compared with apparently less than 280,000 tonnes in 2010. We believe that the disappearance of 70,000 tonnes was largely because there was no need for the material to be counted towards meeting the recycling targets, but that it actually continues to be recycled outside the PRN system.

[Lord Jenkin of Roding]

Does the Minister not recognise that with that additional amount put in, it will simply be a question of counting it? It will not get any more, because it is very nearly complete. A vast quantity of the commercial and industrial plastic weight is already being dealt with. Therefore, how can there possibly be a substantial amount still to go to meet the targets? I am sorry; the argument simply does not stand up.

--- Later in debate ---

[Lord De Mauley]

All I am suggesting is that, as a contributor to the target, there is 70,000 tonnes or thereabouts available which is not currently being counted.

[Lord Jenkin of Roding]

It is happening.

[Lord De Mauley]

It is happening, but it is not counted in the current targets: that is the point. Of course, we will need to look at other plastics streams.

[Lord Jenkin of Roding]

It is a mockery.

[Lord De Mauley]

This includes recycling more plastic pots, tubs and trays and more plastic films. We recognise that increasing the collection and recycling of these types of plastic represents a challenge, but we are seeing some encouraging trends. For example, in the past four years more than 100 local authorities have introduced collections for pots, tubs and trays. This has seen the recycling rate for these items more than treble over the past five years from 5% in 2008 to 18% now. To meet the proposed plastic recycling target we are looking for the recycling rate to increase from the current 18% to 28% over the next five years. There is also a range of planned waste policies that will encourage local authorities to collect a wider range of plastics for recycling. In particular, WRAP is investing £5 million, through its mixed plastics loan fund, by which it means to deliver, by 2015, a further 100,000 tonnes of recycled pots, tubs and trays—double the 50,000 tonnes we anticipate will be needed from this stream to meet the overall target.

Of course, the higher packaging recycling target being debated today will help provide extra stimulus for local authorities to roll out collections and for MRF operators to invest in new sorting technology to handle a wider range of plastics. Other waste policies will encourage greater collection of plastics. These include the landfill tax, which is set on an increasing scale, making disposal of these items less economically attractive, and the revised waste framework directive, with its focus on separate collection of plastics and other dry recyclates by 2015.

We recognise that there are concerns about infrastructure capacity. However, I understand that most new sorting facilities, or MRFs, are being designed to handle mixed plastics or will have suitable capacity to add additional materials at a later date to support changes to local authority collection services. Furthermore, the Environmental Services Association, the main trade body for waste management companies, has stated that there are plans for an additional 6.6 million tonnes of MRF capacity to come on stream between 2013 and 2017. On that basis, the 50,000 tonnes of additional plastic anticipated should be manageable.

My noble friend Lord Jenkin referred to glass and asked about meetings. There was recently a meeting with British Glass to discuss the targets for 2012. I am not aware of wider requests for meetings from the glass sector. It is important to recognise that the glass targets before your Lordships today are flat and only slightly above the minimum 60% necessary to achieve the target set in the EU directive.

I listened carefully to concerns about the costs of the new regulations on certain business sectors. I ask noble Lords to accept that this needs to be seen in the context of the overwhelming benefit to the economy as a whole, including the UK’s recycling and reprocessing industry. Most businesses on which the obligation to meet the proposed targets will fall are in favour of them. In setting them, we sought to balance the costs to businesses, and we did not increase them unless there was a sound business case for doing so.

My noble friend Lord Jenkin asked about exports. I am fully supportive of the need for a level playing field. As part of the ongoing review of the packaging regulations, we are exploring the issue and considering options for how it may be addressed. I believe that there is significant scope for growth in domestic demand for recovered plastic. Security of feedstock has been cited as discouraging some reprocessors from entering the market. We believe that the proposed targets will provide greater confidence in supply, plus the financial support to enable investment in increasing domestic reprocessing capacity.

My noble friend Lord Jenkin referred to the Advisory Committee on Packaging suggesting lower plastic targets in its report of work carried out in 2010-11. The ACP’s response to the consultations actually supported the Government’s preferred option of higher plastic packaging recycling targets. Its report of work in 2011-12, published earlier this year, confirmed its advice that the higher plastic packaging targets suggested by the Government would be achievable provided that there was an increase in the provision of collection infrastructure and that participation rates increased. Furthermore, more new infrastructure is, as I have said, coming on stream to cope with supply and demand.

My noble friends Lord Jenkin and Lord Lindsay asked for a mid-term formal review. I think that I can go further than that. I assure the Committee that my department will monitor progress throughout the period in question and will take appropriate action if needed. The ACP has a standing agenda item at its quarterly meeting to review packaging recycling achievement data and to advise Defra on trends and impacts on achievability going forward. I will keep a close eye on that. I am also happy, as my noble friend requested, for discussions to continue between those he represents and my officials.

My noble friend Lord Lindsay suggested—perhaps I am paraphrasing him unfairly—that Defra used its own evidence. Defra used a range of evidence sources, including WRAP research on collection costs, industry data on waste from groups such as PackFlow and the ACP, as well as evidence submitted as part of the consultation.

Postal Services Bill

Debate between Lord De Mauley and Lord Jenkin of Roding

Tuesday 17th May 2011 Lords Chamber

[Lord Jenkin of Roding]

My Lords, I listened to the noble Lord, Lord Young, but there are anxieties that the protection of the universal service and the amendments he has moved may, to some extent, weaken the determination of the management of Royal Mail to make the maximum effort to achieve the efficiencies that are now widely recognised as being an essential part of the whole programme. The Bill contains measures which would enable the Government, on the advice of Ofcom, to take other measures, for instance going for procurement, to which the noble Lord referred, if somebody else is prepared to offer the service at a lower cost because they are more efficient. It would be difficult to preclude that happening by legislation. Similarly, on the question of the fund, if other providers are to contribute to a fund, is there not a danger that they will find themselves contributing to reinforcing the inefficiencies of Royal Mail? I have said in previous debates that the chief executive of Royal Mail is making a tremendous, herculean effort as a manager to secure the efficiency savings that can be made. She is the first to admit that there is more to do. Royal Mail recognises that it has made a start and that she has the apparent support of the workforce. There needs to be greater efficiency.

I read these amendments, tabled by the Opposition, as removing some of the pressure on Royal Mail to get ahead with that. The noble Lord shakes his head but that is the fear. I therefore hope that that amendment will not be accepted. The amendments proposed by my noble friend on the Front Bench seem to be an admirable way of giving the appropriate protection to ensure that the services have the opportunity to become as efficient as possible, so perhaps not surprisingly, I find myself supporting the government amendments. I hope that they will not be used so that competitors, who could offer other services, find themselves subsidising the inefficiencies of Royal Mail. I know that that is not my noble friend’s intention but nevertheless there are fears among some of the competitors that that might be the unintended consequence. If my noble friend can reassure me on that I will be very grateful.

[Lord De Mauley]

My Lords, I thank all noble Lords who participated in this short debate. I shall speak to the amendment the name of the noble Lord, Lord Young. It would remove from the Bill the ability to designate, even in extremely limited circumstances, more than one company as a universal service provider. The intention of Clause 34 is to give Ofcom the power to designate more than one universal service provider in two specific circumstances only, in order to ensure the provision of the universal service.

As with other elements of the Bill, Clause 34 has been drafted to ensure that the Bill stands the test of time. It enables the regulatory regime to adapt when it needs to, in order to ensure the continued and long-term provision of the universal service. The measures we are taking in this Bill are designed to put Royal Mail on a sustainable footing so that it can continue to provide the universal service that we all value so highly.

However, it makes sense to set the legislation in this way to ensure that the universal service could continue to be provided in two specific, and extreme, circumstances. The first of these is where providing the universal service is found to represent an unfair financial burden on the universal service provider. The Secretary of State agreed with Ofcom’s advice that the best way of addressing that burden was through a procurement exercise, provided for by Clause 43.

I want to be clear that this is not about another operator being able to cherry pick profitable parts of Royal Mail’s business. This scenario would transpire only if it was determined that Royal Mail was subject to an unfair burden in providing the universal service. Ofcom would then assess whether another company could provide the relevant part of the universal service with less of a burden—in effect, removing the burden from Royal Mail. It is in this scenario that another company could be designated the universal service provider for that part of the universal service.

The second circumstance—and we all hope that this will never happen—is where Royal Mail has become insolvent and has entered special administration. Where a postal administration order has been made under Part 4, and it is not possible to rescue Royal Mail as a going concern, some of its activities could be transferred to another company, and Ofcom could then designate that company as a universal service provider as well, in order to secure the universal service.

As I have said, the full package of measures in the Bill is designed to secure the future of Royal Mail and the universal service, and therefore to ensure that we do not end up in either of those scenarios. Both the procurement process and the special administration provisions are backstops to be used only if the future of the universal service is at risk. However, as already has been mentioned, having the ability to make such designations in these specific cases is a sensible and pragmatic safeguard.

It is also important to make it clear that having more than one designated universal service provider in no way provides for or permits a varying level of minimum service across the country. Provisions elsewhere in Part 3 guarantee that the minimum requirements of the universal service remain uniform. I hope that, with those assurances, the noble Lord will feel able to withdraw the amendment.

Turning now to Amendment 70A in the name of the noble Lord, Lord Young, let me start by saying that I could not agree more with the intention behind this amendment, which seeks to protect the universal service provider from harmful cherry picking that could undermine the universal service. However, I hope to convince the noble Lord that this amendment is neither as strong nor as targeted as government Amendment 68, which we discussed in an earlier group, and government Amendment 70, to which I will come shortly.

Amendment 70A would apply only after several conditions had been met. First, a review of the costs of the universal service under Clause 42 would have to have taken place and, as we will discuss shortly, we are proposing that this cannot take place for five years. Secondly, Ofcom would have to have determined that the universal service provided an unfair burden, and would then have to report to the Secretary of State setting out its recommendations for dealing with any unfair burden identified by Ofcom. Finally, the Secretary of State would have to make a decision on what action to direct Ofcom to take, and all this would have to take place before Amendment 70A would apply.

Postal Services Bill

Debate between Lord De Mauley and Lord Jenkin of Roding

Wednesday 6th April 2011 Lords Chamber

[Lord Jenkin of Roding]

I was not referring to the cost of Postcomm. I was referring to the cost that fell on the Royal Mail from complying with the regulatory requirements of Postcomm. That is the point that was made to me. I was astonished at the size of the figure, but I accepted what was being said.

[Lord De Mauley]

My Lords, I am most grateful to my noble friend for his clarification. I hope that I can reassure him that under the current regime, under the Postal Services Act 2000, any operators providing services within the scope of the universal service that have significant turnover are obliged to contribute to the costs. That will be the case under this Bill as well.

The debate that we have heard today, for which I thank noble Lords on all sides for their helpful and knowledgeable contributions, demonstrates that a case can be made to move the access regime in either direction. However, I strongly believe that the provisions in the Bill set the right framework for access—one that supports competition but not at the expense of the universal service. I am of the firm view that Clauses 37 and 48 strike the right balance and, when combined with other powers in the Bill, give Ofcom the tools to ensure a better and more effective access regime. I hope, therefore, that after this rather lengthy explanation, the noble Lord will feel able to withdraw his amendment.