Oral Answers to Questions

Aaron Bell Excerpts
Thursday 25th May 2023

(11 months, 1 week ago)

Commons Chamber
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Thérèse Coffey Portrait Dr Coffey
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I have already set out to the House that it is two years since the ambitious animal welfare plan was put in place. We have pursued a number of different issues. As you can imagine, Mr Speaker, the Government are working on a variety of things and a response will be given in due course.

Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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On Monday, BBC’s “Panorama” programme examined the continuing misery being inflicted on my constituents by Walleys Quarry Landfill, and, as you will know, Mr Speaker, the Staffordshire waste site in the constituency of my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) is also affecting my constituents. We have a situation where not one, but two rogue operators are making the lives of the people of Newcastle-under-Lyme a misery, and the actions of the Environment Agency are too slow and not robust enough, so what will the Minister do to ensure that we get justice and accountability for what we are going through?

Rebecca Pow Portrait Rebecca Pow
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I know that my hon. Friend is a doughty campaigner on the issue of Walleys Quarry, and that the Secretary of State has visited the area recently. I know, too, that there was a “Panorama” programme about the site. An enforcement notice was issued by the EA on 5 May requiring the operator to take further action around waste acceptance procedures on the site to reduce the risk of sulphate-bearing material entering the landfill. I have spoken many times to the EA and know that it is working very hard to reduce the dangers, potentially, that locals may feel come from this site.

Animals (Low Welfare Activities Abroad) Bill

Aaron Bell Excerpts
Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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It is a pleasure to follow my hon. Friend the Member for Wolverhampton North East (Jane Stevenson). Today, St Patrick’s Day, has been a very good day for animals around the world. I pay tribute to my hon. Friend the Member for Guildford (Angela Richardson) for this Bill, and to my hon. Friend the Member for Crawley (Henry Smith) for his success with the Hunting Trophies (Import Prohibition) Bill. I was not able to speak on that Bill earlier today, but I put on the record my support for it; I share the hope of the former Secretary of State, my right hon. Friend the Member for Camborne and Redruth (George Eustice), that the House of Lords will not hold it up at all. I hope the same for this Bill.

The UK has some of the highest animal welfare standards in the world. Two centuries ago, this House passed the Cruel Treatment of Cattle Act 1822; last year, as my hon. Friend the Member for Guildford said, we passed the landmark Animal Welfare (Sentience) Act 2022; and there have been a host of measures in between. We are indeed a nation of animal lovers. I know that my constituents in Newcastle-under-Lyme feel strongly about these issues, and the same applies nationally: 72% of respondents to a YouGov poll last May said that they wanted the Government to

“pass more laws designed to improve animal welfare and protect animals from cruelty.”

The Bill, which has rightly received significant cross-party support, builds on the Government’s excellent track record on animal welfare. I pay tribute to the Minister and look forward to her response.

Let me address one issue—I was going to call it the elephant in the room, but that is a terrible, terrible joke. We cannot enforce our laws in other countries. I should make it clear that this Bill will not criminalise Brits abroad who might take an elephant ride, say, but later regret it and realise that perhaps it was exploitative. That is not what the Bill seeks to do; it seeks to prevent the advertisement of such things. The Bill of my hon. Friend the Member for Crawley takes a similar approach. I heard with respect the points that my hon. Friend the Member for North Herefordshire (Sir Bill Wiggin) made earlier about not trying to be cultural imperialists, but we are entitled to make a stand in this place, and we are entitled to say what we consider it acceptable to advertise and promote in this country.

With the import prohibition on hunting trophies, and with this Bill to ensure that we do not advertise low-welfare activities abroad, we are doing the right thing to stifle the demand that causes such grave animal suffering. The Government are right in their commitment to continue to raise the bar and take the rest of the world with us, just as we set out to do when the action plan for animal welfare was announced. I am very pleased to support both Bills today.

Hunting Trophies (Import Prohibition) Bill

Aaron Bell Excerpts
Friday 25th November 2022

(1 year, 5 months ago)

Commons Chamber
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Nickie Aiken Portrait Nickie Aiken
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The point I am trying to make is that I abhor hunting for trophies. I see no reason why anyone would want to bring trophies back to this country. In this debate, we have to talk about conservation and what will play well with local communities that rely on trophy hunting, and we have to support them to move away from their reliance on trophy hunting.

In South Africa and Namibia where, according to Save the Rhino International, rhino hunting is legal, there are now strict rotas and less than 1% of rhinos are allowed to be hunted, which ensures the activity does not threaten the longevity of the species. In Namibia, the Government have directed efforts to create a programme of community-focused hunting, which involves local people in protecting and caring for wildlife.

Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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My hon. Friend is right to focus on what is happening in those countries. As my hon. Friend the Member for Crawley (Henry Smith) said, it is not for us to tell other people what to do. Our acceptance of trophy hunting has clearly changed dramatically over time. It is now clear, from both polling and Government consultation, that the British public expect us to pass this Bill because of the instinctive revulsion we all feel when we see pictures of so-called hunters over the dead bodies of these majestic animals. We need to pass the Bill, not to tell other people what to do but to show leadership on a different way.

Nickie Aiken Portrait Nickie Aiken
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My hon. Friend is absolutely right. The case I am trying to make is that we must persuade people that trophy hunting is not a sport. At the same time, we must remember that local communities rely on this business—I use that term very lightly. Through smart conservation, we have to support people living on this in places like South Africa.

Again, by marrying animal conservation to the prosperity of local communities, we can make a lasting, positive change. I doubt many in this place would argue against the importance of smart conservation to mitigating any lost income for local communities that so dearly need the income they currently receive from hunting. When we discuss these issues, we must realise that the people most affected by this trade are the local people.

Members on both sides of the House are right to highlight the often barbaric activity of hunting wild animals, and I hope today’s debate and the Bill itself highlight the need for wider discussions on smart conservation, so that we can mitigate any lost income for local communities that currently rely on hunting. The Bill has helped to raise awareness of trophy hunting, and I welcome its progress.

--- Later in debate ---
Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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I will speak briefly, because I know we have more Bills to get through today.

I thank my hon. Friend the Member for Crawley (Henry Smith) for bringing forward the Bill and the Government for their support for it. It delivers our manifesto commitment, and I know there is commitment to it from across the House. As hon. Members have said, this is fundamentally a moral issue, and we all feel abhorrence when we see pictures of trophy hunting.

If I have a criticism of my hon. Friend’s Bill—this is not meant entirely seriously—it is about the title. We all know that a lot of the animals are killed not in hunts, but by traps that have been set up or sometimes by being drugged. I do not see them as trophies either. However, as he said, the body parts of endangered species are being brought into the country and we need to stop that. The UK must take a leading role in doing that through cross-party work. Pretty much everything that needs to be said has been said. The Bill is a big step forward and I welcome it.

Oral Answers to Questions

Aaron Bell Excerpts
Thursday 17th November 2022

(1 year, 5 months ago)

Commons Chamber
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Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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I welcome the Secretary of State to her place and, hopefully, will welcome her soon to Newcastle-under-Lyme to see Walleys Quarry for herself. As she knows, that major issue has been blighting the community for some time. Although the odour is getting better, we still have no accountability. There are two investigations going on—criminal and regulatory. Does she agree that it is imperative for the Environment Agency to bring those investigations to a conclusion as soon as possible so that my constituents can have justice and accountability?

Rebecca Pow Portrait Rebecca Pow
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As my hon. Friend knows, I cannot comment on an ongoing investigation, but I can confirm that the EA is continuing to work closely to regulate the operator and to consider appropriate action in compliance with the enforcement and sanctions policy. That includes ensuring that the operator continues to implement all the 20 or more measures that were recommended, which, I think he will agree, are starting to have a real effect.

Avian Influenza

Aaron Bell Excerpts
Tuesday 1st November 2022

(1 year, 5 months ago)

Commons Chamber
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Mark Spencer Portrait Mark Spencer
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That is a good question, and I make the commitment to the hon. Gentleman now that my door is open to colleagues from across the UK and the devolved Administrations to have those conversations. There are a lot of conversations taking place at official level and certainly the chief veterinary officers meet regularly.

Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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We have already had avian flu in the north of Newcastle-under-Lyme, following an outbreak in Kidsgrove last month. I welcome my right hon. Friend’s statement and what he is doing, given the increasing numbers, and the compensation scheme he has set out today, but to reassure consumers will he also set out what the UK Health Security Agency has said about the risk to public health and what the UK Food Standards Agency has said about poultry products, including eggs, and whether they remain safe to eat?

Oral Answers to Questions

Aaron Bell Excerpts
Thursday 8th September 2022

(1 year, 7 months ago)

Commons Chamber
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Steve Double Portrait Steve Double
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I am sure that we would all agree that owning a pet brings additional responsibilities. Everyone should consider those, including the costs, before deciding whether to take on that responsibility. The Government have already introduced £37 billion-worth of support to help households, targeting that at those most in need. The Prime Minister will announce further measures later today.

Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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I welcome the new Secretary of State to his place, as well as the news from the Environment Agency on Wednesday that there will now be a regulatory investigation into Walleys Quarry in my constituency. I thank the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for St Austell and Newquay (Steve Double), for his help over the summer. Will the new Secretary of State visit Newcastle-under-Lyme, and does he agree that now that we have two investigations—regulatory and criminal—into Walleys Quarry Ltd, it is imperative that those are concluded as soon as possible so that my constituents get justice and everyone gets to see some accountability?

Steve Double Portrait Steve Double
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I am very aware of the issue that my hon. Friend is raising, and I am pleased that we are making progress with the Environment Agency on enforcement action. I am very happy to meet him to ensure that we continue to do all we can, and if appropriate, to visit the site with him.

Oral Answers to Questions

Aaron Bell Excerpts
Thursday 10th March 2022

(2 years, 1 month ago)

Commons Chamber
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Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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I know that the Minister gets regular updates on the situation at Walleys Quarry in Newcastle-under-Lyme. She knows that the problem is not yet solved and people are still having to live with it. What update can she give me? What hope can she give to my constituents? Can she update me on the work of the chief scientific adviser’s team?

Jo Churchill Portrait Jo Churchill
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DEFRA’s chief scientific adviser has been talking to independent external scientific experts about Walleys Quarry and site capping, gas management, air dispersal and leachate. My officials keep me regularly updated and my hon. Friend knows that I take it very seriously. I get weekly updates and I will keep on applying the pressure to ensure that we get the result.

Waste Industry: Criminality and Regulation

Aaron Bell Excerpts
Tuesday 1st February 2022

(2 years, 2 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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I beg to move,

That this House has considered criminality within and regulation of the waste industry.

It is a pleasure to serve under your chairmanship, Sir Gary. I thank the many Members attending today for their time and engagement on this important topic. I have a lot to say, but will try to leave space for everybody else. I also welcome the Minister to her place. I welcome the engagement we have had since she took up her role late last year. I thank her Department for supporting that engagement. Her recent visit was incredibly well received in Newcastle; I am grateful that she took the time to understand the nature of the problem I have in Walleys Quarry, and to hear personally from affected members of the community, including schoolchildren.

The key point I am here to make is that the current nature and scale of waste crime in this country is beyond the capacity of the Environment Agency as a regulator. The regulatory regime is no longer fit for purpose for two main reasons: the changing nature of the crimes being committed and the failure of the Environment Agency to keep pace and act with sufficient robustness and force against them. It has sadly become a regulator that is no longer feared, but is mocked, with criminals able to carry out offences under its nose.

Let us be clear: waste crime is not victimless. It threatens the environment and human health, and undermines investment, growth and jobs within the legal waste and resources sector. For the 2018-19 financial year, the Environmental Services Association estimated the cost of waste crime to be £924 million in England, and it will be more than £1 billion by now. Waste crime significantly reduces the viability and competitive advantage of legitimate businesses, which are being undercut by criminals. That creates unfair competition and ultimately burdens the taxpayer or the landowner who has to step in when criminals walk away leaving abandoned and toxic sites.

As the House knows, I have repeatedly raised the issue of Walleys Quarry. We have an infamous smelly problem on our doorstep in Newcastle-under-Lyme. It has made it all the way to the Court of Appeal—and perhaps even to the Supreme Court—in the case of Richards v. Environment Agency, which you referred to, Sir Gary, in your precursory statement. I do not wish to rehash the full story again. It is on the record and the Minister knows it well by now.

I will briefly mention that, since the last time I spoke about this matter in the House, the hydrogen sulphide emissions have this year risen back up to levels not seen since May of last year, when they were at their peak. Residents are reporting—I have smelled it myself—that the stink is well and truly back, and very much present in their day-to-day lives. It is an ongoing problem, making some vulnerable people ill, affecting people’s mental health, and making thousands miserable and affecting their quality of life.

The borough council is now concerned that the Posi-Shell capping, which was mandated last year, has failed and there are now increasing fugitive emissions from the site. Together with the county council, it believes that the EA’s normal regulatory approach has run out of road and is seeking a new approach. I believe that the Minister should have on her desk a letter from Councillor Alan White, the leader of Staffordshire County Council, making exactly that point and asking to meet her to discuss the matter. I hope she will be able to accommodate that.

I want to focus on how Walleys Quarry shows the flaws in the current regulatory environment. As a precursor, I will briefly tell hon. Members the story of a company called Atlantic Waste. Over the winter of 2003-04, the Environment Agency received many complaints from local residents about odour coming from King’s Cliffe, a waste site near Peterborough run by Atlantic Waste. The agency was concerned about inappropriate deposits and treatment at the site, and decided to investigate. That investigation revealed that several hundred thousand tonnes of waste had been deposited above agreed levels, and the height of the waste threatened to make the landfill unstable.

Instead of complying with that investigation, Atlantic Waste’s chief executive, Adrian Kirby, and its marketing director, Adam Share, did some investigating of their own. They hired a detective agency, Active Investigation Services, under the guise of concerns about break-ins. That detective agency accepted Atlantic’s proposal to tap phones and hack into computers. It hacked into residents’ computers by sending them emails with attachments purporting to contain the results of tests undertaken on the landfill.

When the police began investigating that agency, they found a complex web of staff, associates and clients involved in illegal activities. That detective agency had fitted devices to telegraph poles and roadside junction boxes all over the UK, and listened in to more than 1,000 calls. Following that investigation, Adam Share and Adrian Kirby were arrested. Each pleaded guilty to conspiracy to cause modification of computer equipment and conspiracy to intercept communications unlawfully. Adrian Kirby received six months in jail; Adam Share received three.

A handful of years later, Adam Share, now a convicted criminal, was appointed to RED Industries Ltd. Under Mr Share’s control, RED Industries took over Walleys Quarry landfill, in Silverdale in my constituency, the very same landfill I have brought to the attention of the House over and over again. It is incomprehensible that a man with that history would ever be allowed to operate a waste site, yet that is the bizarre and troubling world in which we find ourselves. That would not be allowed in the football business, where there is a decent, fit and proper person test. Yet in the waste industry, it seems that nothing could be done to prevent a man with a proven disregard for the law, for the regulator and for residents from assuming responsibility for an environmental permit.

In a letter to me dated 6 May 2021, Sir James Bevan, chief executive of the EA, confirmed that, in the case of an application to transfer the permit, the regulations require that the EA consider

“whether the prospective new owner is likely to comply with the permit conditions”.

In considering that, it may take into account management systems, technical competence, compliance history, financial competence and any “relevant” convictions, which they are allowed to take into account. That does not include spent convictions but, even if Mr Share’s conviction had not been at that point spent, it was not apparently relevant, despite the EA itself being a victim of his previous crime.

We must have a better fit and proper person test if we are to avoid criminals entering the waste industry. The rehabilitation of offenders is a noble goal, but it cannot override good sense and the public interest. People with a track record of disregarding the regulator cannot be allowed to simply bide their time and re-enter the industry a few years on.

Walleys Quarry has also taught me a lesson about the problem of perverse incentives in the current regulatory regime. Landfill tax was introduced very successfully by the Conservative Government in 1996 to disincentivise landfill and encourage the switch to more sustainable waste management. It has worked: the amount of waste going to landfill has decreased by over 50%, and household recycling has increased by over 70%. However, the consequence of the incentives that the landfill tax creates has been to increase the attractiveness of the waste industry to organised crime, and we know that there are very few barriers to entry in that business.

Landfill tax fraud often consists of falsifying paperwork relating to the classification of waste in order to pay less or zero tax—for example, labelling active waste as inactive, or hazardous waste as non-hazardous. Organised crime groups and repeat offenders can deliberately and routinely evade significant amounts of landfill tax by misdescribing waste. To illustrate the problem, from April 2021, the rate for inactive waste is only £3.10 per tonne and the standard rate is £96.70 per tonne. That differential of nearly £100 per tonne results in enormous profits for the businesses involved. Businesses that routinely mislabel waste can rack up millions of pounds of illegitimate profits, robbing Her Majesty’s Revenue and Customs of an estimated £120 million a year. The regulatory regime is inadequate in the face of such incentives.

Compounding the problem, there appears to be insufficient scrutiny applied to the operations and accounts of those companies that regularly declare high levels of inert—that is, the £3.10 a tonne—landfilling. This is not really an economic crime: fraudulent misdescription can have significant impacts on the environment, wildlife and communities. Major air quality incidents can be caused by misdescribed waste containing plasterboard or other high-sulphate waste entering landfills that lack the specialist measures required. Hazardous waste that is misdescribed as non-hazardous could have a very significant impact on the health of people and the local environment.

That has a direct bearing on the situation at Walleys Quarry. In evidence presented as part of the recent Court of Appeal case Richards v. the Environment Agency, a representative of the EA explained that the increased level of hydrogen sulphide—the eggy smell—coming from Walleys Quarry landfill was most likely the result of gypsum-containing high-sulphate waste being deposited in that landfill, contrary to the permit. That can have occurred only as a result of some part of the waste chain mislabelling that waste, or the waste not being properly separated from other waste. There is either fraud or negligence somewhere in the chain.

Several people have contacted me to make specific allegations about illegal activities at Walleys Quarry landfill. I will, of course, keep them all anonymous, and I am aware that we need to follow due process because there is an ongoing criminal investigation into the allegations. However, I am keen to put on the record some of the longest-standing, best-evidenced allegations, some of which I and the Environment Agency have been aware of for nearly 12 months. The EA informs me that any investigation might take multiple years, and I feel that my constituents deserve to know the true scale and nature of the problems that have been reported to me.

In February last year, I was contacted by an anonymous individual who alleged that the current operator was using the site to bury hazardous waste outside its agreed permit. I was told that that activity increased dramatically during lockdown, a period during which the EA ceased many of its normal activities. Employees who would have been involved in this activity were named, but I will not name them here. According to the anonymous source, the order to bury that hazardous waste came directly from Mr Adam Share, who is the company’s chairman and owner; from Mr Nigel Bowen, the company’s CEO; and from Mr Jon Clewes, the technical operations director. There have been other, less specific allegations from multiple other sources. Many whistleblowers have come to me. I have passed all the allegations on to the Environment Agency.

The House may be aware that on 20 January this year, I raised concerns about so-called lawfare in a debate in the Chamber led by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis). I referred to attempts by The Guardian to publish an article about Walleys Quarry. I have been aware since November 2021 that it has been attempting to publish a story about the true scale of the issues at Walleys Quarry in my constituency, based on insider testimony from whistleblowers and backed up by emails from within the company. It has thus far been prevented from publishing by legal threats made by RED Industries against the newspaper.

With the permission of Rachel Salvidge, a journalist who has had the courage to pursue the story in the public interest, I will read the allegations that she has been seeking to publish:

“Hazardous waste, including arsenic, rat poison and zinc, has been tipped at a Newcastle-under-Lyme landfill, which is now a subject of a criminal investigation.

The Guardian has seen internal emails discussing the practice at Red Industries, the operator of Walleys Quarry Landfill. A whistleblower, a former senior executive at Red, has alleged widespread illegal behaviour at the firm, and has accused the regulator, the Environment Agency, of being ‘asleep at the wheel’.”

She continues:

“the whistleblower has provided the Guardian with emails which appear to show that hazardous material is routinely dumped at Walleys to save the company money.

In October 2019 Red’s compliance officer emailed colleagues about a shipment of cavity wax from a car manufacturer: ‘Is this for ATM or do we have another route in mind?’ This cavity wax is hazardous and organic, and should be shipped overseas to a company called ATM in Holland, which breaks it down into safer waste, but this process is expensive. In the emails, Red’s group commercial manager replies ‘Walleys TFS’.

According to the whistleblower, this is an internal code for sending hazardous waste to Walleys that should be safely shipped overseas. As a result, the former senior executive said the cavity wax was secretly dumped at the landfill. Another email refers to ‘everyone’s favourite Walleys TFS route’ for the cavity wax.

The manufacturer of this cavity wax warns the material is ‘toxic in contact with skin’ and ‘toxic if inhaled’. Dr Cecilia MacLeod, an expert in contaminated land from the University of Greenwich, said exposure to components in the wax ‘can cause issues with development and can also cause dermatitis and breathing difficulties’.”

The article continues:

“In July 2020 the group commercial manager emailed colleagues about a waste shipment of spent bullets containing hazardous levels of arsenic and zinc. ‘What do you reckon to this shit show of a material—sounds like a wash and Walleys TFS to me’—again, the whistleblower says, using the internal code ‘Walleys TFS’ to divert the hazardous waste to Walleys landfill.

Another email chain discusses a large shipment of rat poison. A Red employee asked ‘Are you able to accept this to landfill, or would it not be suitable?’ Their manager responded ‘Work your majik’, and the shipment was sent to Walleys landfill, the former senior executive said. The rodenticide is highly toxic as it can be fatal if swallowed, breathed in or if it comes into contact with skin.”

She continues:

“A former Red employee told The Guardian ‘We used to take advantage of the fact that the EA were stupid. It’s not difficult. When the EA came to inspect we didn’t worry, we just made sure that all the stickers looked nice. They weren’t chemists, so you could always hide things.’

Only solid waste is permitted at Walleys landfill, but The Guardian has seen evidence that Red has also been tipping hazardous paint. In July 2020 a Red compliance officer emailed colleagues about a ‘paint route’. The shipment was ‘coming as haz and they are priced £200/tonne...we haven’t got the money for any TFS’.

The former senior executive told The Guardian, ‘This material is hazardous so Walleys would not be permitted to accept it, but in reality this is where the paint tins are going.’ The manufacturer of this paint warns: ‘This product is classified as dangerous... Exposure to component solvent vapour concentrations...may result in...respiratory system irritation and adverse effects on the kidneys, liver and central nervous system.’

A former Red subcontractor has also told the Guardian how paint was concealed in other legitimate material: ‘They’d mix it with cement to try and thicken it up...and load it into a skip and tip it like that.’

MacLeod described the pollutants as a ‘horrible cocktail’ and said that Red might think that mixing paint with cement would stabilise and solidify it, ‘but not all the volatile organic compounds get locked up...they’re still there and you will have respiratory problems if you take these things in’.

A former senior executive at Red sent some of these emails to the Environment Agency in May 2021, along with testimony of Red’s alleged lawbreaking. In December, the EA announced a criminal investigation into Red.”

I thank Rachel Salvidge for providing me with that information.

Investigations of the public record show examples of staff at RED Industries demanding that the wording of compliance assessment report forms issued by the EA be changed, and the EA acquiescing. To paraphrase my constituent Dr Michael Salt, a nuclear scientist who has volunteered a significant amount of time to the “Stop the Stink” campaign, “If I said the same to the Office for Nuclear Regulation, they’d have something to say about it.”

The Environment Agency is a regulator with no teeth that inspires no fear and in which I cannot have confidence. There are clearly serious failures here, for which the Environment Agency must account. In the light of these revelations, I must ask that the operator’s permit be suspended while the allegations are fully investigated. The EA’s current approach has not worked if the only explanation it can find for why we are, once again, seeing exceedances of the World Health Organisation odour annoyance limits is the cold weather. If there are such serious issues with its handling of such a sensitive case, how can anyone have confidence that it is handling more routine issues appropriately?

Another area that the Walleys Quarry experience has taught me needs reform is the bonds that permitted operators must hold. They are staggeringly insufficient in the eventuality that an operator walks away from a landfill or goes bust. I am aware that many constituents are joining a class action against Walleys Quarry. If it is successful, it would almost certainly make the company go bust, and there are not sufficient bonds to account for that. Surely, walking away from its responsibilities should not be a “get out of jail free” card. The bonds need to reflect the actual risks involved.

The cost of doing bad business is not high enough. The fines when people are found to have breached the rules are too mild to be a proper deterrent. I refer to some other recent cases as examples. In November 2019, a company director was fined £1,272 for abandoning a Shropshire waste site. Clearing the site cost £45,000. In July 2021, a man was fined £1,000 for dumping waste in south-west London, plus £500 costs and a £100 victim surcharge. The clear-up and associated costs to the landowner totalled in excess of £100,000. Those are simply not sufficient deterrents.

On funding for the regulator, I note the recent articles on the front page of The Guardian, but I have personally been repeatedly assured by the EA that there is no issue relating to costs or resources in the regulation of Walleys Quarry.

Dan Poulter Portrait Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)
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I congratulate my hon. Friend on making such a strong case on behalf of his constituents who have been affected by this case. On a broader point, one of the challenges that the Environment Agency faces is being able to collect and collate the right information to bring an effective prosecution or take action against offenders. I can think of a similar case with different circumstances in my constituency, where there have been those kinds of challenges. What would he ask the Minister to do to support the Environment Agency in bringing together the right information in such cases to challenge them?

Gary Streeter Portrait Sir Gary Streeter (in the Chair)
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Order. Interventions must be brief.

Aaron Bell Portrait Aaron Bell
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I thank my hon. Friend for his intervention. Clearly, the Environment Agency needs more powers. I have reassured my constituents that there is no financial pressure, but I am not convinced that more money would necessarily solve the severe cultural problem within the Environment Agency. It does not need more money if it is too weak to use it. I accept that it has perhaps been subject to the same legal threats as The Guardian, campaigners and myself, but, as a regulator, it must be stronger and act in the public interest. If funding is the problem, the Department for Environment, Food and Rural Affairs must address it.

Finally, I expected to come here to push for other policies, but I am pleased to note the recent significant consultations launched last month by DEFRA on the carriers, brokers and dealers regime and on developing a central digital waste tracking service, which would address concerns that there is no comprehensive way of tracking waste. I would like to briefly touch on other types of waste crime, but I will let others speak more about them. At the lowest level, something that is rife in everyone’s constituencies is fly-tipping. Recently in Newcastle-under-Lyme, there has been fly-tipping off Watermills Road in Chesterton, but I will leave that to my hon. Friend the Member for Darlington (Peter Gibson), who I understand wants to speak about that.

Another area is illegal waste dumps. I know that other hon. Members might want to pick up on that, but I must put on the record my concern about how these are being policed by the Environment Agency, too. For the past decade, constituents in the north-west of my constituency have had to suffer through an organised illegal waste dump at Doddlespool farm. Fleets of lorries have travelled from far afield to drop their loads of waste at the site to avoid paying the landfill tax. The lorries have blocked roads. There have been fires, rat infestations, and waste has spilled out, potentially contaminating watercourses and the food chain.

The EA took court action in 2017. The landowner was required to remove the waste or face further court action. He was also hit with a £6,100 court bill—again, inadequate—yet the waste has not been removed five years on. I cannot comment further on the present situation due to sub judice rules, but it is evident that the fine was not a serious enough punishment to make the landowner change his ways. I am conscious that I have taken a long time. In conclusion, we need to look thoroughly at the problems within the current regulatory regime and at the scale of criminality in the sector, and I look forward to the rest of the debate.

None Portrait Several hon. Members rose—
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Jonathan Gullis Portrait Jonathan Gullis (Stoke-on-Trent North) (Con)
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It is a pleasure to serve under your chairmanship, Sir Gary. I commend my neighbour, my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) for securing this important debate and for his continued work standing up not just for the people of Silverdale but for those in wider north Staffordshire who are affected by Walleys Quarry. I want to highlight the great work of another neighbour, my hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon) in starting to clear the Twyford House site in Etruria of 30,000 tonnes of commercial and illegal waste.

This is a serious issue. I could not agree more with my hon. Friend the Member for Darlington (Peter Gibson) when he talks about fly-tipping. It is blighting Stoke-on-Trent North, Kidsgrove and Talke, whether that be in Goldenhill and Sandyford, Burslem Park estate or the alleyways of Tunstall. The scumbags who continue to litter in our local area need to be brought to heel. We need to make sure that they are sent out in high-vis chain gangs, litter picking and cleaning up their community. It is simply unacceptable that those people who obey the law, do the right thing and love the local area that they live in should have to suffer because of a mindless minority of morons.

Sadly, the blight of the waste industry is continuing to spread. The latest case in north Staffordshire involves the landfill on Porthill Road in Longport. It is affecting the constituents of Stoke-on-Trent North, Kidsgrove and Talke in particular, and locals are already having to deal with the disgraceful way in which Price and Kensington Teapot Works has been allowed to rot by its rogue landlord. In nearby Burslem, people recently saw a key part of mother town heritage, the Leopard pub, go up in flames, and now residents are having to live with the disgusting smells coming from the landfill on Porthill Road in Longport.

Staffordshire Waste Recycling Centre Ltd is digging up Stoke-on-Trent’s past at the landfill, seemingly digging for materials. It has never had permission to do that, yet the company has now applied for retrospective planning permission to work on the landfill—something that I and the residents of Longport, Middleport, Dale Hall, Burslem and the surrounding area are absolutely opposed to. I will shortly be making clear my objection to that application in a letter to Stoke-on-Trent City Council.

Aaron Bell Portrait Aaron Bell
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I am grateful to my hon. Friend and my hon. Friends the Members for Stoke-on-Trent Central (Jo Gideon) and for Stoke-on-Trent South (Jack Brereton) for their support on Walleys Quarry. I have received complaints about this landfill from my constituents in Newcastle-under-Lyme. I listened to what my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) said in the Adjournment debate secured by my hon. Friend the Member for Orpington (Gareth Bacon) last week, and I want him and his constituents to know that I stand with them.

Jonathan Gullis Portrait Jonathan Gullis
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I could not be more grateful to my hon. Friend. This is why we are a tour de force in north Staffordshire, walking around at every opportunity like some sort of north Staffordshire mafia, which I am proud to be a part of.

The company has also repeatedly breached its permit at the neighbouring site, where it does have permission to operate. Many incidents were reported at the site in 2021, including four in the run-up to Christmas. A site visit by the Environment Agency on 21 January 2022 found multiple breaches of permits, including the storage of too much hazardous waste on the site, as well as the storage of scrap metal, which the permit does not allow.

I am encouraged to have learned from the Environment Agency that it will carry out further inspections this week and has engaged with the company to get it to sort out its operation. The Environment Agency and Stoke-on-Trent City Council will also have a joint meeting on Thursday to discuss the problems at the site. I look forward to receiving an update early next week on the outcome of those investigations and the meeting.

When the people who run waste sites fail to keep them safe and manage them in a way that is inconsiderate to their neighbours, it has a huge impact on people’s physical and mental wellbeing, as well as the feel-good factor of a place that we proudly call home. We need to make sure that these companies can be properly controlled and brought to heel when they do wrong.

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Aaron Bell Portrait Aaron Bell
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I thank all Members who have taken part in the debate, which has been a good one. I am pleased to have got so much on the record, using parliamentary privilege at some points. I thank all three Stoke Members for the support they have given me on Walleys Quarry. I thank the right hon. Member for North Durham (Mr Jones) and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) for bringing to bear their experience in this place and their long experience with the Environment Agency. I cannot name-check everyone, but I thank everyone who has contributed. So much has been raised today that it feels as though we should have a Backbench Business debate on the subject, or even a Select Committee inquiry. I will send the Hansard for this debate to my hon. Friend the Member for Tiverton and Honiton (Neil Parish), who chairs the Select Committee on Environment, Food and Rural Affairs.

I also thank the hon. Member for Newport West (Ruth Jones). This has been a non-partisan exercise; it is not party political. I am grateful that she, too, visited Silverdale. She name-checked many of the heroes of the Stop the Stink campaign, and a lot of her councillors. In the interests of balance, I thank Simon Tagg, Derrick Huckfield, Andy Fear, Andy Parker, Mark Holland, Gill Heesom, Graham Hutton, James Salisbury and Paul Northcott—all councillors who have supported their residents, and me, in this case.

Most of all, I thank the Minister for what she said, which I am encouraged by. I thank her Parliamentary Private Secretary, my hon. Friend the Member for North Devon (Selaine Saxby), and the Minister’s officials. They have been particularly helpful in getting access to the public register for private investigators who have been looking at what is going on at Walleys Quarry. I am grateful for everything that the Government are doing, but there is an issue with the attitude at the Environment Agency. The Minister has heard me say that before—she has heard many people say that today—and I know that she will use her good offices to try to change it.

Kennels and Catteries: Economic and Social Contribution

Aaron Bell Excerpts
Wednesday 3rd November 2021

(2 years, 5 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Sara Britcliffe Portrait Sara Britcliffe
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I thank my right hon. Friend for her intervention. She is correct. I have been getting that message loud and clear from the UK Alliance. Many Members of Parliament have been lobbied to put that message to the Government by their local kennels and catteries, who have really struggled throughout the pandemic. We must consider that going forward.

I will carry on with the list; there are only a few left. The new sub-category should also include dog grooming, pedigree record services for pets and other animal specialties, and the showing of pets and other animal specialties. That would bring all other animal services under one sub-category of section A. It would also bring all businesses that follow DEFRA’s 2018 boarding of cats and dogs regulations under the same sub-category.

The UK Alliance has also suggested that the Government should establish a centralised professional body, which would be responsible for issuing licences to these businesses. The system is currently fragmented and operated by individual local authorities. That professional body would ensure that a current list of inspected and regulated businesses was available to the general public, deal with requests from business owners and the general public, and maintain a database of inspected businesses to be available at all times.

Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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My hon. Friend is making a powerful case on behalf of the kennels and catteries industry. May I cheekily take the opportunity to raise the case of Eardley Hall kennels in my constituency of Newcastle-under-Lyme? It suffered not only from the impact of covid, which she has already spoken about, but from flooding caused by a broken culvert on an illegal waste dump. I am trying to adjudicate between the Environment Agency and Staffordshire County Council as to why that has happened. The Minister is in her place; perhaps she will hear what I am saying too. Eardley Hall kennels, and all the other kennels and catteries in Newcastle-under-Lyme, contribute a huge amount to our local economy and I am very glad that my hon. Friend has secured this Adjournment debate.

Sara Britcliffe Portrait Sara Britcliffe
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I thank my hon. Friend for raising that case and I completely agree with him. I can imagine that Claire and Craig will have been lobbying on behalf of his constituents too, because they have done a fantastic job of that.

Finally, the industry suggests that catteries and kennels should have specific guidelines for business rating purposes. At present, there is no agreed standard, and all areas of cattery and kennel businesses, including communal corridors and fire escapes, are included in calculations. Other commercial properties are exempt from paying rates on those areas.

Obviously, a lot of this is very technical and would require changes at least to regulations and possibly to legislation. It seems to me that a sensible first step would be for representatives of the sector to meet DEFRA and discuss these issues. I therefore ask the Minister whether it would be possible to broker an initial meeting between her and her officials, the UK Alliance and me. That would go a long way to opening lines of communication and starting the discussion about how we can better ensure that the needs of this sector are met and that catteries and kennels across the country are treated fairly and consistently.

Animals (Penalty Notices) Bill

Aaron Bell Excerpts
Aaron Bell Portrait Aaron Bell (Newcastle-under-Lyme) (Con)
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It is a pleasure to follow my hon. Friend the Member for Hyndburn (Sara Britcliffe) and also to finally get to speak on a Friday, Mr Deputy Speaker. It has been far too long, for various covid-related reasons, and although I put in for the two earlier debates, they were clearly oversubscribed. These Fridays are such a crucial part of our constitution and the Standing Orders of this House. Our debates today—the debates on the menopause and childcare and now this important debate—show the House at its best. I am really pleased to finally be able to participate on a private Members’ Friday.

It is also a huge pleasure to speak in favour of this Bill, introduced by my hon. Friend the Member for Romford (Andrew Rosindell), who, Members might not know, was my MP two decades ago. When I graduated from university, I moved to Romford to live with friends there for a while, shortly after the 2001 general election. I see that a lot of the 2019 intake are here today. We should remember that this man was the first step on our road back to a majority and back into government, because he gained that seat in 2001, and he did it by campaigning with a Staffordshire bull terrier called Spike, round the streets of Romford in a Union Jack waistcoat.

I pay tribute to my hon. Friend for that and for all that he has done in his career in this place to make animal welfare such a focus. We heard from my hon. Friend the Member for Rushcliffe (Ruth Edwards) about his work in opposition as spokesman, we have this Bill today and he is bringing forward Jasmine’s law to increase tenants’ rights to keep pets in their homes. He has done so much work, including through his role in the APPG.

I congratulate my hon. Friend the Member for Romford, too, on what he did yesterday. We saw the beautiful pictures of him and my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) with Vivienne winning the Westminster dog of the year award, in memory of Sir David Amess. We all feel Sir David’s loss very keenly today, because we know that he would be here, making a speech as funny as, if not funnier than, some of the ones we have heard on these Benches, because he was such an advocate for animal welfare and such a keen advocate of private Members’ Fridays.

This Bill, as others have said, follows the Government’s already landmark legislation on animal welfare sentencing, which increased penalties from six months to five years. As my hon. Friend said in his opening remarks, the Bill will allow us to match judicial powers more appropriately to the sort of offences we see. We already have the possibility of jail for the most serious offences and we already have situations where it is clearly far more appropriate for people to be given warnings, but there is a lacuna in the middle. This Bill, which has been carefully drafted, addresses that in exactly the right way. It will prevent more cruel mistreatment of pets, zoo animals and livestock.

I know that the Bill has been welcomed by the Government and so many animal charities, and I assume by the Opposition, although we have not heard from them yet. I would gently say that when we have such wide cross-party support for a Bill, it is incumbent on us all as Back Benchers to scrutinise the detail, and I have done that. I have looked at the clauses, and they seem very well drafted to me, so I congratulate my hon. Friend—and, I am sure, the Clerks as well—on that.

However, I am also conscious that we should continue to scrutinise the effects of Bills after they become Acts. As a data maven myself, I therefore particularly welcome clause 6, on reporting. We will very quickly be able see the effects of the Bill through the reports that it requires the Secretary of State to make. I am sure we will do that in the years ahead and hopefully see that it is having the positive effect that I know we all want it to.

As my hon. Friend said, this Bill is fair, transparent and proportionate. Those are the qualities that we want to see in private Members’ legislation. I very much hope that it gets its Second Reading today, and that it goes through Committee and we see it back in this Chamber for Third Reading. By widening the suite of available enforcement tools, it will truly safeguard and strengthen animal health and welfare across the country, which is something that I believe all of us across the House can welcome.