Environment Bill

Baroness Humphreys Excerpts

Committee stage
Wednesday 30th June 2021 Lords Chamber

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, the next three speakers on the list—the noble Lord, Lord Berkeley, the noble Earl, Lord Caithness, and the noble Baroness, Lady Boycott—have withdrawn from the debate, so I call the noble Baroness, Lady Humphreys.

[Baroness Humphreys (LD) [V]]

My Lords, I apologise for the fact that I was not able to speak at Second Reading on the Bill. I wish to speak to Amendment 124 in the name of my noble friend Lady Scott of Needham Market. I hope the House will allow me to use this amendment to probe with the Minister not the disposal of single-use plastics but the banning of them, and the aspirations of the Welsh Government to do just that.

To understand the drive towards such a ban in Wales one has to understand that the pursuit of sustainable development is central to the Senedd’s devolved powers. It is expressly mandated as a core aspiration of the Welsh Ministers under Section 79 of the Government of Wales Act.

Like most countries throughout the world, Wales has its concerns about the prevalence of single-use plastics and the pollution they cause in our cities and towns, on our beaches and in our seas. In 2019, the Great British Beach Clean weekend organised by the Marine Conservation Society found an average of 322 plastic items per 100 metres of beach it surveyed, while in its 2018-19 street cleanliness survey, Keep Wales Tidy found fast-food litter on 20% of the streets that it surveyed across Wales.

The Welsh Government want to use their powers to ban 19 types of plastic items. As well as hoping to ban plastic-stemmed cotton buds, the Senedd wants to ban plastic cutlery, plastic plates, plastic beverage stirrers and plastic straws, as well as food containers and beverage cups made from expanded polystyrene. This is all very sensible—so sensible that our wonderful catering facilities in the House of Lords had already achieved all this before the pandemic struck. Obviously, where the House of Lords leads, Wales is keen to follow.

The problem is, of course, the impact of the United Kingdom Internal Market Act, which would mean that any single-use plastics permitted or imported into the rest of the UK could still be sold in Wales, in effect negating the Senedd’s aim. In January of this year, the Counsel General for Wales sought permission for a judicial review of the position but the application was denied on the basis of prematurity. I believe, however, that the Court of Appeal has granted permission to appeal the Divisional Court’s decision and that a hearing will be listed in due course. I do not expect the Minister to pre-empt any decision that the Court of Appeal may come to. Can he say, however, whether he or his civil servants have had any discussions with their opposite numbers in Wales on single-use plastics, especially following the election of the new Welsh Government in May, and whether we are any closer to clarity on the situation?

Finally, I want to refer to an excellent article by Dr Richard Caddell, a member of the Wales Governance Centre in Cardiff and a senior lecturer in law. Writing in FTB’s Environmental Law Blog and highlighting the problem Wales faces, he concludes:

“The widespread concern over marine plastics … may potentially persuade some UK regulators to upscale their environmental ambitions to meet those of other devolved actors, in order to stave off this particular constitutional conundrum.”


These are wise words. I find the phrase “the upscaling of environmental ambitions” particularly elegant, providing, as it does, a rather elegant way forward. Rather than insisting on asserting the letter of the law or resorting to the courts, employing a strategy of wholesale upscaling of environmental ambitions could, perhaps be more effective.

[Baroness Neville-Rolfe (Con)]

My Lords, I have campaigned long and hard on the horrors of plastic waste, the need for biodegradable alternatives and the deficiencies of the UK local authority recycling system and its inconsistencies. It was a pleasure to follow the noble Baroness, Lady Humphreys. Of course, the Welsh Government did some pioneering work on plastic bags, although I think we need to maintain a single market across the UK.

I am delighted that my noble friend the Minister is making progress in these areas, as we can see from several provisions in the Bill. I also agree with concerns expressed today about wet wipes, nappy liners and discarded masks. However, I am disturbed by the wide-ranging powers we are now discussing. Since there is so little specification in the Bill of what they will be used for, and barely a glimpse of the cost-benefit of individual measures, we are essentially being asked to put our faith in Ministers, subject to the odd debate on affirmative instruments. Against that background, I make three points, the first two of which apply to several of the schedules.

First, has the Minister considered a much simpler and economically more robust alternative approach, which is a simple resource tax? Why cannot plastic and waste be taxed in a simple, linear way, like petrol and landfill, discouraging use rather than creating a common agricultural policy-like array of schemes and exemptions? Even someone relatively well informed, such as myself, cannot find their way around all the different proposals. What study of such levies has there been, including the effect on business and consumers, to pick up what my noble friend Lord Lucas was saying?

Secondly, what is the plan to publicise these various schemes as they are adopted? Is there already a consumer website where they can be studied and one’s obligations and risk of penalties understood? If they were taxes, one could just go to HMRC. There is nothing practical and up to date on the Defra website that I could find: everything is very legalistic and bureaucratic. Is such a user-friendly website planned for such measures? Perhaps I can offer help.

Thirdly, on Amendment 292 on reusable nappies, I have to say that I was one of the last mothers in this country to use terry nappies for my four children, as I dislike the waste represented by disposable ones, and my views go back a long way. But I know that, like one-stop shopping, disposable nappies have been a godsend to working mothers and fathers. I am not against some simple standards so that people know what they are buying, and allowing the promotion of washable nappies processed at home or through house-to-house services of the kind I encountered in Vermont. However, I fear I cannot support this highly regulatory and restrictive amendment. I encourage the proposers to think again and come back with something much simpler and easier to justify on Report.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady McIntosh of Pickering, has withdrawn so I call the noble Baroness, Lady Humphreys.

[Baroness Humphreys (LD) [V]]

My Lords, I wish to speak to Amendment 278 in the name of the Minister. My contribution here will be a short one. I begin by thanking the Minister for the co-operation between his department and the Welsh Government in drawing up this Environment Bill. The Welsh Government recognised, long before the Senedd elections in May this year, that there would be no time in the Senedd’s timetable for them to introduce their own Environment Bill and they have been content for aspects of future Welsh policy to be delivered through this Bill. They believe that this allows for quicker delivery of Welsh policy and enables continued accessibility for users by continuing an English-Welsh legislative approach.

The more contentious aspects of the Bill have been those relating to air quality and environmental governance. These are both areas where the Senedd will legislate for Wales in their own Bills this term. The Bill contains powers for Welsh Ministers in relation to regulation of waste and recycling, and I believe there has already been some joint consultation on the use of those powers but, again, Welsh Ministers will be drawing their own conclusions.

The issue that had raised the concern of Senedd Members was that of the use of concurrent plus powers, where the Senedd would consent to the Secretary of State legislating for Wales in certain areas of devolved competence, but without being subject to the scrutiny of the Senedd. There were also concerns, I believe, that the transference of these powers would be irreversible. Amendment 278 addresses these concerns by the inclusion of a new clause which enables the Senedd to alter or remove the Secretary of State’s function relating to Welsh devolved matters, and to do so without the Secretary of State’s consent. I welcome this amendment and, again, I thank the Minister for the willingness to work together that has been evident in the relationship between the two departments.

[Baroness Neville-Rolfe (Con)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Humphreys, again and to note a satisfied customer. I am afraid I rise to oppose Amendment 121 in the name of my noble friend the Minister. I have already explained that these provisions are wide-ranging, giving the Government powers to do goodness knows what, without making their intentions clear in this Bill. I worry about the precedent set in this sector and indeed for other sectors and for other Bills.

Even before the government amendments, the consultation provisions are rather weak. For example, paragraph 8 of Schedule 4 says:

“Before making regulations under this Part of this Schedule the relevant national authority must consult persons appearing to it to represent the interests of those likely to be affected.”


So, that is a lot of discretion. Will any proposals made under the powers in this Schedule also be published for public perusal and to ensure that any bugs are noticed before regulations are made? Consultation on regulations is vital and there always has to be a public as well as parliamentary stage to this. The department may well be unaware of wider impacts that public consultations and cost benefit can expose. I think of the damage done to the tourist industry when Defra closed down the countryside during the foot and mouth crisis. Sadly, it does not stop there. The Minister is now, in a string of amendments in this group, proposing that the consultation requirement may be met by precommencement consultation. I would like to understand this better. Which forthcoming regulations will be affected by this waiver and how can each be justified? My noble friend mentioned the deposit return scheme and some devolved matters. Is that the limit? Could this list be published and could the power be limited in time?

The Minister will have got used to the idea that I am concerned that his legacy regulations should be fit for purpose. I look forward to hearing from him on the justification for this change of approach on consultation. I am afraid that my initial view is that it cannot be justified and that it creates a deplorable precedent.