Packaging Waste (Data Reporting) (England) Regulations 2023

Debate between Lord Khan of Burnley and Baroness Parminter

Tuesday 21st February 2023 Grand Committee

[Baroness Parminter (LD)]

My Lords, I very much support this draft statutory instrument. It will be only short lived, so even if it were to have a massive impact it would not be around for that long. Actually, the principle, which is making sure that producers take responsibility for the environmental impacts they bring to the marketplace through their packaging, is the right one. I commend the Government for the steps, particularly in this SI, to take this forward pragmatically.

I also thank Zack from the Minister’s team, who answered a question at short notice today on the impact of the statutory instrument. That was extremely helpful and I was very grateful.

As the Minister said, these regulations will be in place for only about a year. They will be superseded by the producer responsibility obligations regs, which are due to come into force later this year—is that still going to happen? Although I applaud the department’s initiative, its record in terms of timing, for example with the delays to the deposit return scheme and to the EPR on textiles, has been less tight than we might have hoped. Given the importance of addressing issues around the circular economy, does it look likely that the producer responsibility obligations regs will come out by the back end of this year?

I make two further brief points. The first is in the regulations themselves. Regulation 4 says:

“For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.”


Again, this is a commendable way of updating necessary legislation—looking at what we had from our time in the European Union, building on it and amending it where needed, rather than a wholesale, ideological revocation through Bills such as the retained EU law Bill.

Putting that to one side, my final point is that the impact assessment is really interesting. I thoroughly enjoyed ploughing through it, as opposed to reading only a couple of pages. I was really pleased to see that the Government’s intention, when they bring forward the producer responsibility obligations later in the year, is to mandate companies to label their packaging clearly. The impact assessment actually gives us some indication of what that packaging will be. I thoroughly applaud that. I regard myself as fairly au fait with recycling, but it is really hard for anybody to do a proper recycling job. Even if you are committed to recycling, the plethora and inconsistency of labels is a big issue. So it was really welcome to read in the impact assessment the Government’s acceptance of the problem and their commitment to do something about it. I am delighted, particularly as chair of a Select Committee that did a report last year on mobilising behaviour change in this area, that the department are taking action on this.

I have one specific question. I do not expect the Minister to reply to me now, but if he would like to at some future date, I would be delighted. The impact assessment says at page 15:

“Further to this, producers will be required to fund national communication campaigns, run by the EPR Scheme Administrator, to educate consumers on where and how to recycle their packaging.”


Again, I absolutely and fully applaud that. In advance of the SI coming before us, I hope later this year, it will be very interesting to have an estimate of the budget the Government think that producers might be liable for in order to deliver it. We know from the pandemic just how important clear communication is to get people to change their behaviours, and the need for above-the-line spend. It would be great to know the estimated budget for this at some point, but I welcome this SI and the direction of travel that the Government are taking.

[Lord Khan of Burnley (Lab)]

My Lords, we welcome this SI and agree with a number of points that the noble Baroness, Lady Parminter, made. The SI will enable data collection to inform fees to be paid by producers under the new extended producer responsibility for packaging scheme. A number of producers have made progress in making their packaging more recyclable and reusable. We hope that the EPR scheme will accelerate this once it is fully on stream, but the Government will need to keep on top of the data and ensure that industry delivers.

This SI was previously withdrawn and replaced, but the Explanatory Memorandum makes no reference to this. Will the Minister confirm what has changed? Was it just correcting some minor typos or is there any wider policy change?

This is a UK-wide policy, but the primary legislation allows SIs to be made in relation to England only. Paragraph 6.2 of the Explanatory Memorandum says that the Welsh and Scottish Governments and the Northern Ireland Executive will lay their own SIs in due course. What are the timescales, and is the relevant Northern Ireland department able to do this in the absence of a functioning Northern Ireland Executive?

In the other place, the Minister, Rebecca Pow, said:

“A new digital system is being created to handle it all, which is critical.”—[Official Report, Commons, Fifth Delegated Legislation Committee, 2/2/23; col. 8.]


Can I ask for more details about this, as the Government’s IT projects rarely go to plan? Is the system on time and within budget? Is it still being tested or is it ready to be rolled out?

The Minister talked about the Government’s environmental improvement plan on implementing EPR for packaging. However, I want to ask in particular about the statement in the plan that says:

“We are engaging with stakeholders to shape the future vision of waste reforms through industry wide sprint events, deep dive sessions and fortnightly forums.”


Will the Minister tell us more about the engagement that has taken place so far and confirm that the Government are engaging not just with industry stake- holders but with environmental groups?

I also ask about the flexibility in the system should any issues arise. If the first tranches of data are not of high enough quality, how long would it take to resolve this? If we end up with issues around the thresholds, how quickly could Defra address them? What other initiatives are being brought forward to address the waste crisis overall?

From my understanding, around 1,800 more businesses will now face reporting obligations, but does the Minister have a precise number of businesses affected? The Government’s own impact assessment, which the noble Baroness talked about, suggests that the number could be as high as 15,000 or as low as zero. What is the figure, and what will the Minister do to ensure that the legislation means something?

Finally, can the Minister be clear that the new system will improve the quality of data compared with the one it is replacing? Without clarity or understanding of our actions, this draft SI will be what we have become used to: more of the same dithering and delay. I look forward to the Minister’s response.

Environment Bill

Debate between Lord Khan of Burnley and Baroness Parminter

Wednesday 15th September 2021 Lords Chamber

[Baroness Parminter (LD)]

My Lords, I have no expertise in this area and no interest to declare, but some of the happiest memories with my two young girls were taking them to see Santa on the steam train at the rural life centre in Tilford every Christmas.

However, tonight, I speak at the request of my colleague, the noble Lord, Lord Bradshaw, who cannot be with us because he has had a fall. I make it clear to the Minister that there is still cross-party support for the intentions of this amendment. As the noble Lord, Lord Forsyth, said, this will affect the enjoyment of many thousands of people. I would not wish people to think that environmentalists are killjoys—we are not. We want to go forward on the environment in a positive way, but there are certain initiatives that, for heritage and educational purposes, need to be considered so that we can see where we have been and where we are.

Therefore, I hope that there are the strongest reassurances, and I commend the four Peers who have done so much, under the leadership of the noble Lord, Lord Faulkner of Worcester, to bring this issue repeatedly to the attention of the House.

[Lord Khan of Burnley (Lab)]

My Lords, I rise to speak briefly to the amendment introduced so eloquently and passionately by my noble friend Lord Faulkner of Worcester. I, too, congratulate him on his work on heritage rail.

Some interesting points have been made across the House today. If I understood right, the noble Lord, Lord Forsyth, the noble Baroness, Lady Jones, and others questioned the true pollution levels of steam engines and railways. Perhaps the Minister can give us some facts. Is it true that heritage steam engines may have a negligible impact on the environment? I invite noble Lords across the House to visit my home town, Burnley. We have the Queen Street Mill and, in it, the heritage steam engine that powered the biggest cotton mill in the town. It would be great to see noble Lords there. As the noble Baroness, Lady Parminter, said, heritage steam railways are a huge part of our culture, especially for young children. They are a massive tourist attraction. We must make sure that we get the balance right. I understand that discussions are ongoing—indeed, I have had discussions with experts and researchers —about the true impact of heritage steam engines.

Finally, for my sake and that of the noble Baroness, Lady Neville-Rolfe, please do not kill off Thomas the Tank Engine. It will destroy my childhood memories.

Environment Bill

Debate between Lord Khan of Burnley and Baroness Parminter

Committee stage
Monday 28th June 2021 Lords Chamber

[Baroness Parminter (LD)]

My Lords, we on these Benches support both amendments. The noble Baroness, Lady McIntosh of Pickering, has indicated that hers is a probing amendment. We support the need for a clear statement of the financial independence of the OEP because, by that means, we can be clear that it has sufficient funds for its function.

I very much support the comments of the noble Lord, Lord Rooker, about the need for its budgeting to be published. Parliamentarians have often had to rely on other opportunities, such as that referred to by the noble Lord, Lord Krebs, when the chair of Natural England made public comments at a Select Committee down the other end, or charities getting information by FoI about the funding shortfalls of the Environment Agency. That should not be the way we have to find out about the budgets of these important bodies. That information should be available to parliamentarians; it should be published and we should all be able to see it clearly.

I echo my colleague, my noble friend Lord Bruce of Bennachie. In his remarks at the end, I hope the Minister will say more about the current budget for the OEP. I know it is in its interim phase, and I understand that its first board meeting will be this week. It has been suggested that, in its initial year, staffing levels will be around 25 members. Clearly, that will not be its final staff resource level, but if the Minister could indicate the scale of OEP staffing next year, that would give us a clearer idea of the capacity of this critical body to deliver the functions we all need. I hope he will say a few words about scaling up the budget of the body for next year.

In closing, I agree with other Members on the principle that a five-year budget associated with a work plan be published and put in the Bill.

[Lord Khan of Burnley (Lab)]

My Lords, I rise to speak to Amendment 92 in the name of the noble Baroness, Lady McIntosh of Pickering, and Amendment 93 in the name of my noble friend Lady Jones of Whitchurch. Both are similar in nature and one could assume that we, on the Labour Benches, and the noble Baroness, Lady McIntosh, have been sharing our homework. I thank the noble Baroness for moving her amendment so eloquently and reiterate the case she made for the OEP to have flexibility and longevity when setting budgets.

In June 2018, the Government recognised the value of multi-annual budgets. In announcing a five-year settlement for the NHS, the Government emphasised that this long-term funding commitment means the NHS has the financial security to develop a 10-year plan. If the OEP is to work strategically, it too will require a similar level of security. The noble Baroness, Lady Ritchie of Downpatrick, made the same point, looking at comparable bodies and the way they have operated in taking a long-term approach.