Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 5th March 2024 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for tabling these regulations. I have two quick questions.

First, throughout the Explanatory Memorandum, a key theme is the link between the regulations before us and the extended producer responsibility regulations. When might we expect to see them? The two fit quite closely together. I do not know whether my noble friend can give us a date, but I understand that those regulations will contain guidance relating to the ones before us.

Secondly, I looked up the cost-benefit analysis and if I understand it correctly, the costs are about £1,200 million per year, presumably to producers of the packaging —I do not know whether that includes local authorities—and the benefits are zero. If so, is that beneficial going forward, on the basis of that cost-benefit impact assessment?

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his informative introduction to this long-awaited and much-heralded SI. He will be relieved to know that, unlike the previous SI, I am not outraged by this one.

These regulations come into effect on 1 April 2024. Large producers must collect the data from 1 January to 30 June this year but may not have to report it. However, all must collect and report the data from the commencement date of 1 April to 30 June, according to the Explanatory Memorandum. It is not clear what the large producers are expected to do. Can the Minister provide some clarification?

The Environment Agency will provide the necessary guidance for this SI. Why is it necessary for the EA to do so? Why is Defra not doing it? The EA is already under-resourced and under pressure, with a wealth of other duties. Surely Defra, which has increased its staff considerably in recent years, could have produced this guidance for what is, after all, a government policy objective.

These regulations relate to the extended producer responsibility scheme, as the Minister said, whereby producers will pay a tax for the amount of packaging they release on to the market. However, information about the cost will not be available until the producer responsibility, packaging and packaging waste regulations are produced. Smaller producers are particularly affected by not knowing the likely level of fees, and cash flow is a vital element of their businesses. I am sure the Minister is ready for the next question and will have a substantive answer. Exactly when will these regulations be published? Without them, the exercise we are going through today is somewhat meaningless.

I fully support these regulations, which should help considerably to eliminate plastic and other non-compostable waste from our environment. I have been contacted, as I am sure have others, by the Federation of Wholesale Distributors. It too is wholly supportive of the regulations but has a couple of reservations. usbIt feels that it is essential that the Government and the Environment Agency work with the sector on the types of products that will be classified as household waste. Can the Minister give a reassurance on this issue? The FWD is also keen to see continued collaboration between the Government and the wholesale sector to ensure that EPR remains a pragmatic and inclusive policy. I fully support the FWD in its aims and objectives. It is only by working together that a solution which suits all will be found and, therefore, be successful.