Waste Crime: Staffordshire

Allison Gardner Excerpts

Thursday 5th September 2024 Westminster Hall

[Adam Jogee]

You never forget your first time with the hon. Member for Strangford (Jim Shannon)—there we are. My wife is indeed from Northern Ireland—but we will stop that one there. I am, however, grateful to him for his intervention, because he makes an interesting point. Lots of people in my constituency were told that everything had been done within the law, so the simple response for me is: let us change the law. The Minister already knows some of my thoughts on that. Although we have a very busy legislative programme following the election, it is something I will push strongly and proactively.

My remarks to the inquiry continued:

“The investigation into the fire concluded that it was most likely caused by a lithium battery, but two things on this, Chair—no battery was found, which raises some very serious questions and Walleys’ permit doesn’t allow for lithium batteries to be disposed of.

My call is simple—we need the site closed, capped and restored. And we need that done now. I have made that point to anyone who will listen and will keep doing so.

Today, I am here as the Member of Parliament for Newcastle-under-Lyme, and I am here to give voice to all the people who have raised this issue with me directly over the last couple of years.

We now need the Environment Agency to honour its responsibility to the people who live, learn and work here.

Simply put, Chair”—

that chair is in the Public Gallery, Councillor Bettley-Smith—

“enough is enough.

I look forward to answering your questions.”

I acknowledge the work of the cross-party committee leading the inquiry, and I welcome the invitation to speak before it, because I wanted Newcastle’s MP in the room helping to shape the way forward and delivering the results that local people want and desperately need. The stress, concern and fear about hydrogen sulphide emissions coming from the site cannot be overestimated. It is having a real impact on people’s lives and has done for many years now. There have been more than 100 breaches of the permit held by Walleys. Mr Vickers, imagine a citizen breaking an agreement, breaking the law or getting caught speeding more than 100 times? Imagine if there had been more than 100 parties in Downing Street. There must be real penalties and real enforcement.

In advance of this debate, the chief executive of Newcastle-under-Lyme borough council provided me with the number of complaints received by the council from 2019 to the end of August 2024: 32,315. Some 32,315 of my constituents have shared their rage, anger and frustration. Residents are also encouraged to report complaints to the Environment Agency, so I suspect there will be many more complaints. More than 30,000 people over five years have said that enough is enough, and we—the relevant agencies, from borough and county councils to the Environment Agency and Whitehall—must listen.

I acknowledge the work of the former Tory MP in my constituency for his work on this issue, but the simple fact is that the people of Newcastle-under-Lyme have been let down and left behind, and that must change.

[Dr Allison Gardner (Stoke-on-Trent South) (Lab)]

Will my hon. Friend give way?

[Adam Jogee]

I will give way to my neighbour.

[Dr Gardner]

My constituency of Stoke-on-Trent South adjoins my hon. Friend’s, and the smell from Walleys Quarry has extended into the Northwood region of my constituency, which itself has experienced repeated fly-tipping that has caused harm to farmers. I want to reiterate the impact Walleys Quarry has had in Newcastle-under-Lyme and further afield on the quality of residents’ day-to-day lives and, crucially, their health, especially that of young children. There is also the impact on the saleability of homes, which means that residents are stuck and cannot move on. That cannot carry on.

[Adam Jogee]

I am grateful to my hon. Friend. The fact that my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) is sitting next to her speaks to the collective experience and frustration that we feel in north Staffordshire. I am grateful not only for their support in the fight to get this problem sorted, but for the support of constituents in Stoke-on-Trent South for mine. I thank my hon. Friend for her intervention.

People have been let down by the Environment Agency, the last Government and those who could help us get this sorted. However, I would like to acknowledge the tireless and passionate work of local councillors in our community.

Can the Minister let us know what assessment she has made of the work of the joint unit for waste crime? I know we are in the early days of the new Government, but we need to see and know that these agencies are being held accountable and have the powers required to get things done.

Talking of agencies, let me turn to the Environment Agency. My view is simple: it is simply not fit for purpose. Its responsibilities are far too wide and, in our case, people locally have lost faith in its ability to stand up for us against landfill operators who act like cowboys and who have no regard for the health and wellbeing of their neighbours. I base that on what has happened in my constituency with Walleys Quarry, the land at Doddlespool and Elms Farm and what might well happen at the Bradwell West Quarry.

With all the criminal activity that seemingly, and indeed knowingly in some cases, takes place—or that seems to surround certain elements of the waste industry—something is wrong. Under the Conservative Government, we had a perfect storm: major cuts to local government, savage cuts to the Environment Agency’s staff and budget, and an apparent disregard for how serious waste crime is. That must change. Although I acknowledge that we inherited a financial crisis, we can and should use the law to give my constituents the clean air and healthy lungs they need and deserve.

I do not know what discussions my predecessor had with Ministers in the Conservative Government, so I cannot speak to what happened before 5 July; that is why I secured this debate. I welcome the fact that the Secretary of State signed off on the council’s ability to take action against Walleys—I believe that the previous Conservative Minister left the issue sitting on their desk. I urge the Minister to think about introducing a fit and proper person test for those seeking a permit to operate a landfill site, which would go some way to ensuring that those who have taken the mick can no longer do so. I would be happy to meet the Minister to talk about that in detail.

In January 2024, the now Secretary of State for Environment, Food and Rural Affairs came to Newcastle-under-Lyme to meet local campaigners and Councillor Jacqueline Brown in Silverdale. He smelled, he listened and he understood the situation we face.

As my hon. Friend the Member for Stoke-on-Trent South (Dr Gardner) noted, this is a health crisis as much as an environmental crisis. There is major concern in the community about the fact that the health impacts have not been acknowledged properly. I ask the Minister to meet me and the relevant Health Minister to address the health impact of this waste crisis in Newcastle-under-Lyme.

We need a closure notice, and I urge the Environment Agency to grant one immediately. The site must be properly and safely capped, and we need a restoration plan that is fit for purpose. In recent weeks, we have heard calls from the borough council and the county council about the financial element of the restoration plan. I have a simple question: what on earth is going on? What happened to the financial modelling behind the restoration plan? Why are we now realising that it requires external support? Why was that not raised before? This did not just become an issue after 5 July.

Those who could and should have had their eyes on the ball and their fingers on the pulse have been found wanting. My constituents should not be paying for the failures of the state at all levels, so will the Minister go back to the Department with my suggestion to look at what the Environment Agency does with the money it receives from enforcement action? How much money does it collect from enforcement each year, and how can we ensure that it is used to right the wrongs? The Environment Agency is responsible for upholding the law, and those who break it should pay for their mess.

Walleys Quarry Ltd has a bond with the Environment Agency of, I think, about £1.8 million. I have been told by some of those who should know that the safe, secure restoration of the site could cost as much as £20 million. That is not a revelation; the right people have known about it, and it simply has not been addressed.

After my election, I submitted a range of written parliamentary questions asking to see communication between the Department for Environment, Food and Rural Affairs and Staffordshire county council, between the Department and the Environment Agency, and between the Department and the borough council. I was told that it would cost too much to process those requests.

[Dr Gardner]

Given the difficult economic situation the country is in, does my right hon. Friend agree that although cost and finances are an important consideration, we must be careful of false economies? Chronic obstructive pulmonary disease is a major issue in areas such as Newcastle-under-Lyme and Stoke-on-Trent South, and the impact of poor air quality on the NHS can be expensive, so actions to address air quality and waste can save money in the long run in terms of health. [Interruption.]

[Adam Jogee]

I am winding up my remarks, Mr Vickers. My hon. Friend makes a really important point: a healthy workforce is an active workforce, and an active workforce will contribute to the growth that the Government seek to bring to communities such as mine and hers, and to those up and down the country, including Keighley. We need to tackle toxic air pollution—we need clean air—so I thank her for making that point. I also thank her for promoting me to right hon.—I did not get that through the Whips.

I was told that it would cost too much for me to see the correspondence between those three bodies and the Department, so I say to the Minister: I am happy to come to the Department any day, any time to look at anyone’s computer. We need to shine a light on the collective failures that have got us into this mess—not the Minister’s failures, but the failures we now have to clean up. My constituents deserve to know, and I need to know. The Minister knows I will not rest until we see a closure notice, and I hope that the Environment Agency is listening to me today. I call on it to share its correspondence with the county council and the borough council with me too.

Walleys Quarry Ltd has written to me several times asking to meet, and it is important to put that on the record. However, it is also important to put on the record that if it had turned up to the cross-party public inquiry at the council, we could have met there. Walleys Quarry could have taken part in an evidence-based democratic process with clear transparency for my constituents.

We are now looking to fill a £20 billion black hole in the national finances, so what discussions are taking place across Government to make sure that landfill operators pay their fair share? I urge her to raise the issue of landfill tax levels with the Treasury. I know that increasing the tax on landfill operators would go down very well in my constituency.

The people of Newcastle-under-Lyme have had enough. They simply want to get on with their lives and to be free from the horrendous and dangerous impact of Walleys Quarry. That cannot be too much to ask, and I will keep fighting—alongside all those who want clean air and healthy lungs, healthy hearts and healthy minds right across Newcastle-under-Lyme—until we get the closure notice that we desperately need and the proper restoration plan to go with it.

--- Later in debate ---

[Gareth Snell]

I thank my hon. Friend for his intervention—and I am grateful to be able to call him my hon. Friend; last time I was in the Commons, I never thought I would have the opportunity to call a Member who represented Lichfield my hon. Friend, and doing so fills my heart with glee. He is absolutely right. This debate could easily have been about waste crime anywhere in the country, because duplicitous operators who seek to make money off the backs of our communities without any care or attention are everywhere. I am sure that the new Minister will be clamping down on them hard.

I turn to how we do that. While we can all air our grievances about the sites in our constituencies, I want to spend a few moments focusing on what comes next. I tend to agree with what my hon. Friend the Member for Newcastle-under-Lyme said about the fitness for purpose of the Environment Agency, but I will be slightly more generous to it than he was. He rightly has a grievance with it over the operation of Walleys Quarry, but I think there is a bigger problem about the way we do regulatory enforcement in this country. The Environment Agency is an example that we can use to demonstrate that.

Every so often, Unchecked UK produces a document about the enforcement gap, looking at how regulatory organisations and agencies have done less and less enforcement over time. In its 2020 enforcement gap report, Unchecked UK found that between 2010 and 2020, the number of staff working for the Environment Agency decreased by 32%, so one in three staff disappeared. It also found that over the same period of time, the Environment Agency’s budget decreased by 63%. As a result, the number of prosecutions it could undertake decreased by 88%. The number of enforcement notices it was able to levy went down by 69.5%, and it could only take 44% of them through to prosecution because it lacked the capacity to undertake the necessary regulatory enforcement work.

While we must not excuse the actions of those who perpetrate waste crime around our country, it is not impossible to see why they think it is a lucrative way to spend their time and energy. The likelihood of their getting caught, of an enforcement notice being levied upon them or of a prosecution being brought has gone down and down over the past 10 years.

It is not just the Environment Agency that has had this problem. Local authorities around the country, which have a really important environmental health role and can quite often take small-scale actions in communities to prevent much larger destructive activities, have suffered the same blight. Over the past 10 years, 32% of environmental health staff in local authorities have been lost. That means that many enforcement and regulatory agencies react to problems, but they are unable to take proactive and preventive work to avoid things becoming problems in the first place.

[Dr Gardner]

Further to what my hon. Friend has said, we have to think about the involvement of other agencies. In Staffordshire, and I am sure elsewhere, fly-tipping and the illegal dumping of waste are often linked to organised crime. Therefore, the points that he made about local government, the Environment Agency and regulators also extend to preventive policing.

[Gareth Snell]

I thank my hon. Friend for that intervention. It is almost as if she has read the script in front of me, because she has perfectly lined me up for my next point, which is about the link between illegal dumping, fly-tipping in communities and the wider connection to organised crime and money making. Another report from Unchecked UK, published in 2022, pointed out that enforcement against fly-tipping was at a 10-year low, while the number of incidents of fly-tipping was at a 10-year high. There is a growing chasm between what is happening on the ground and the activities that perpetrators are being punished for and prevented from carrying out.