United Kingdom Internal Market Act 2020 (Exclusions from Market Access Principles: Single-Use Plastics) Regulations 2022

Lord Hope of Craighead Excerpts

Tuesday 12th July 2022 Grand Committee

[Lord Hope of Craighead (CB)]

My Lords, I very much welcome these regulations. I should explain that I am a member of the Common Frameworks Scrutiny Committee and it is in the light of my experience on that committee that I extend this welcome. I am delighted to see the noble Baroness, Lady Randerson, here with us, because she too is a member of that committee and will understand the points that I am about to make, although I have not discussed them with her.

The Explanatory Memorandum explains the position clearly. In his introduction, the Minister touched on these points. It is important to understand that these regulations have a specific and—unfortunately, from the point of view of the noble Baroness, Lady Jones of Moulsecoomb—rather limited purpose. As described in paragraph 7.1 of the memorandum, their purpose is to give effect to the

“agreement reached under the provisional Resources and Waste Common Framework … that has been developed by the Department for Environment, Food and Rural Affairs, the Scottish Government, the Welsh Government”—

I think I am right in saying that this is the first time that an agreement reached under a common framework has found its way through to a regulation, which is why this is a significant moment, particularly for people who believe, as I do, in the value of common frameworks.

The Minister may understand that the frameworks were devised by the Joint Ministerial Committee on EU Negotiations to find a means of reaching agreement among the various components of the United Kingdom to create an internal market for the UK in place of the EU market we were leaving. The point was to put in place structures that would focus on areas formerly governed by the EU under EU regulations to enable the UK internal market to function. The important point in the communiqué that was delivered in October 2017 was that policy divergence among the various parts of the UK would be encouraged and permissible.

The memorandum explains well that the internal market principles in themselves would not enable the Scottish regulations being discussed to receive their effect in Scotland, because the principles would allow people who did not comply with the rules under the Scottish regulations to trade in a way that was inconsistent with them—they would have a right to do so under the internal market principles. As the memorandum goes on to explain, the effect of an amendment to what became Section 10 of the United Kingdom Internal Market Act, which is the basis for the Minister’s regulations today, enables these regulations to be made, which provide the effectiveness that the Scottish regulations need so that they are enforceable in Scotland. That is what the regulations are designed to do and that is why I very much welcome them. They are the first step in what I hope will be a fairly well-understood method of dealing with these things.

As the noble Lord, Lord Jones, said, the Scottish Government are leading the way on the control of single-use plastics. The Welsh had done so already, before the internal market came into effect, and their regulations are preserved by the United Kingdom Internal Market Act, because they preceded it. The Scottish regulations need the protection that these regulations are providing them so that they will receive the same effect in Scotland as they do in Wales. This is just one example—there could be others—of the way in which these devolved Administrations with rather simpler single-Chamber systems are able to forge ahead and produce results that benefit the environment. I quite understand the frustration expressed by the noble Baroness, Lady Jones of Moulsecoomb, at the way in which England is still to catch up, but that is not the problem for today. The solution achieved today is to protect the Scottish system.

I am not going to say very much more, because it is so well explained in the memorandum, but I have a particular point for the Minister, which he might like to reflect on. I had great difficulty when the internal market Bill passed through the House in the late summer of 2019 in trying to persuade the Government to recognise that common frameworks had a part to play at all in the creation of the internal market. I must say that I owe a great debt to the opposition parties, the Labour Party and the Liberal Democrats, for the support that they gave to me over a series of amendments, which eventually had the effect of persuading the Government to introduce a subsection into what is now Section 10 to enable common frameworks that were the subject of agreement to be recognised. That is exactly what we have here.

The point that I really want the Minister to recognise is that we can now see how the system can be made to work in practice and the benefits that come from supporting agreed initiatives by the devolved Administrations such as this one to receive effect. I hope that there will now be a more relaxed and co-operative approach that will enable us to move forward in similar cases in future. I think that I am right in saying that, in Wales, the case of plastic bags is an example of what might happen in future—but there will be others. There may be other things to come, as paragraph 6 of the Explanatory Memorandum explains to us. I hope, therefore, that the Minister recognises the value of what we are doing today and the way in which it could be a way forward to support initiatives that have been taken in various parts of the UK for the benefit of us all, and indeed for the benefit of the environment.

[Lord Teverson (LD)]

My Lords, perhaps I could just take up a theme from the noble Baroness, Lady Jones of Moulsecoomb, around the leadership campaign that is going on at the moment at the other end of the Palace, and to thank the Minister for intervening in that debate and reminding people, along with his right honourable friend Chris Skidmore, that climate change is a pretty important subject. If it is junked by those candidates, that is bound to have a severe effect not just on our planet and country but probably on the party as well. I hope that he has luck in that mission, but I am doubtful to a degree, unfortunately—and I say that with great gravity.

I intervened only to a certain degree during the passage of the United Kingdom Internal Market Bill, which was fairly fraught, during the lockdown and the Covid crisis. I seem to remember all sorts of confusion between mutual recognition and non-discrimination and the two being mixed up by a number of the speakers who maybe should have known better. The question that I got involved on was exactly this one, around how we make sure that environmental protections that are part of devolved authorities’ programmes are not overridden by those principles, so they can be enforced within those national boundaries. Therefore, I am pleased by and welcome this SI in making that possible in part, so that environmental protections in the devolved authorities and nations can be enforced and not overridden by imports from other parts of the UK. I very much welcome that.

As noble Lords have said, the reason why this is an issue practically at the moment is that in England, the most populous part of the United Kingdom, we are very much behind the times. Scotland, Wales and even Northern Ireland are ahead of us in terms of these restrictions on single-use plastics. I understand that, after going through this consultation, the earliest we in England will be implementing similar regulations is April 2023. Although nearer than it was, this is still some time away. Perhaps the Minister can find a way of making that quicker. I would be interested to hear his views on that.

I also understand that there is this strange issue of plastic straws in pubs, which you will continue to be able to use—not that I would, obviously—even when they are banned from retail. I would be interested to understand whether that has been resolved yet.

To me, the bigger issue on single-use plastics is still export. There were a number of areas in the 2019 Conservative manifesto around levies on single-use plastics, particularly around export to non-OECD countries. I have certainly become more and more of the opinion that that should be much tighter—maybe we should even export only to EU or G7 countries. I would be very interested to understand from the Minister where we are on that and the various provisions made in the Environment Act. I remind Members that last year we exported some 770,000 tonnes of plastic waste abroad. Those are staggering figures and reflect some of the figures from the noble Baroness, Lady McIntosh.

This is an area where clearly we need urgent action. We should be a leader, not just nationally but internationally, and I look forward to the Minister’s response on where we are on this much broader agenda as well.