Environmental Targets (Residual Waste) (England) Regulations 2022

Baroness Wilcox of Newport Excerpts

Tuesday 24th January 2023 Grand Committee

[Baroness Parminter (LD)]

I thank the Minister for his introduction of this statutory instrument. I hope that I am not taking him out of context, but I would dispute one thing he said which was that we take a holistic view on waste. This statutory instrument shows that by excluding the vast majority of waste produced in England—that is waste from demolition, construction and excavation, to which the noble Lord, Lord Watson, referred—the Government do not exactly have a holistic view of waste. Although we may quibble with the explanation given in the Explanatory Memorandum that the reason for that exclusion is in order

“to focus on reducing waste that is more environmentally harmful”,

I think all of us would agree that there is significant harm from much of that waste. There is much waste in the construction area, but I will come back to that.

This SI focuses on what I would call consumer waste. As the Minister was good enough to outline, it needs to focus on consumer waste because, as an OEP report last week showed, the targets for such waste have deteriorated since 2018. The Minister referred to the fact that we have stalled on recycling; we are actually sending more waste to incineration now than we were in 2018.

So we need a renewed focus; one hopes that these targets will provide that because they need to. The Minister referred to the welcome provisions in the Environment Act to encourage more uniform collection via municipal authorities around the country. That is an essential step if we are to make progress on consumer waste but, over the past couple of years, we have not seen anything near significant progress on extended producer responsibility. He mentioned the fact that the deposit return scheme announcement was made on Friday, but it will not happen until 2025 whereas it is coming into effect in Scotland this year. Equally, it excludes glass.

We need a sense of urgency, given the need to move on waste; it is an area where we would like to put a rocket under Defra to get it moving forward. We hear that there may be a refreshed resources and waste strategy document later this year. We do not need another strategy; we just need a bit more action in this space.

I see that the noble Baroness, Lady Young, is in her place. When our committee looked at how to mobilise people to take the action needed for climate and environment, the responses we received from the various departments on how to improve people’s contribution to the waste targets were one of their weakest areas. We had the Secretary of State before us talking about the success of the plastic bag levy; that is great but it happened back in the coalition days. I hope that these targets will give the department a sense of pace and urgency to encourage it to get a move on. Otherwise, if it carries on with its mantra of going with the grain of consumer choice, we will not make the progress that we need.

Finally, as the noble Lord, Lord Watson, raised, construction and demolition waste are excluded. The consultation said that it

“is also a high priority and we are not overlooking this.”

The Secondary Legislation Scrutiny Committee picked this up, in response to which the department said that it was considering a separate target. I note that the Minister mentioned discussions with BEIS, which are to be commended. Might he be prepared to say a bit more about that today, including whether it will be part of the refreshed resources and waste strategy later this year? Or are we going to have to wait a bit longer? As I say, I do not think we have the time for that.

[Baroness Wilcox of Newport (Lab)]

We supported the passage of the Environment Act although, during that process, we expressed concern that, if key targets were not included in the legislation, it could lead to the Government downgrading their ambition. The targets in the various SIs are significantly less ambitious than many would like, suggesting that our fears were correct. As noted by the noble Baroness, Lady Parminter, and my noble friend Lord Watson, the waste reduction target omits major mineral waste from construction, demolition and excavation activities—the majority of waste produced in England. This omission must be rectified if the target is to deliver on its aim of incentivising a circular economy.

The waste reduction aimed for—a 50% reduction on 2019 levels—is not aligned with either the scale of the problem or the potential to reduce resource use, as well as minimising waste and increasing recycling. A 50% reduction on 2019 levels is relatively unambitious. The department does not have the strongest track record in delivering the transition to a circular economy. I am afraid that England has lagged behind other countries in the UK in bringing new schemes on stream, as highlighted by the significant delays to and the watering down of the Government’s deposit return scheme. Scotland has its own scheme, which will launch ahead of Defra’s, and Wales is set to launch its scheme in October 2025. The Explanatory Memorandum notes the Government’s resources and waste strategy, which aims to increase municipal recycling rates to an overall level of 65% and lower the volume of waste going to landfill.

We have seen slippage in performance across much of the UK, although I am proud to say that Wales has outperformed the other UK nations. The recent results from Newport City Council, where I was the leader before joining your Lordships’ House, show a 10% increase in Newport’s recycling performance over a year. Newport is not only the best-performing authority in Wales in terms of recycling but the best-performing city in the whole of the UK. It continues to work hard to meet the Welsh Government’s target of a 70% recycling rate by 2025.