Draft Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

Bernard Jenkin Excerpts

Thursday 7th March 2019 General Committees

[Sandy Martin (Ipswich) (Lab)]

This statutory instrument is an attempt to replicate current arrangements with the EU and to enable the current statutory regime on waste to continue after Brexit day. However, we believe there are very good reasons why that regime may not be effective after Brexit day, and we are sceptical about whether this SI will be able to remedy that. It also revokes some EU legislation that the Minister tells us it is not necessary to retain, but I re-state our profound concerns about the rate at which SIs are being driven through, and the lack of available time to scrutinise them before they come to Committee. It would be very serious if any of the revocations turned out to be of regulations that were not adequately replicated elsewhere.

This is a very important matter; if waste is not properly regulated in this country there could be a significant additional contribution to our carbon footprint, and thus climate change, and also to the pollution of our seas, air and countryside. Labour is extremely concerned that without the regulatory umbrella of the EU, recycling and waste management will take a major step backwards. I am seeking cast-iron guarantees from the Minister. If she does not feel able to give us those guarantees, I am afraid we will have no option but to vote against this SI to register our unease at the situation.

The UK target to recycle 50% of household waste by 2020 is important. It is of great public concern at a time when plastic and the lack of recycling more generally is often highlighted as causing damage to our natural world, blighting our countryside and coasts. Clearly, the lack of recycling does not of itself cause litter, but a strong social focus on recycling, particularly a regime that gives every citizen a financial incentive to recycle, as in Germany, will tend to reduce littering and pollution. Adequate recycling facilities in the UK would remove the need to export our waste, and so would bring an end to much of the outrageous pollution of our seas from materials supposedly being recycled in Malaysia and Indonesia.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Will the hon. Gentleman explain to the Committee why he thinks the United Kingdom is incapable of providing these policies and legal frameworks for ourselves?

[Sandy Martin]

I do not believe that the United Kingdom is incapable, which is why I am asking the Minister to give us a cast-iron assurance that these things will be put in place.

The recycling rate in Labour-run Wales is 57.7%. Wales is already meeting its target, but the rest of the UK is falling below the 50% recycling rate. The rate in England has flatlined at about 40% to 45% for the past 10 years. We all know some of the reasons for that: the lack of resources for local government and the complete lack of a joined-up national strategy. The Secretary of State has bombarded us with Bills, strategies and consultations over the past few months, so it certainly appears that the Government recognise the need for action, but the appearance of action here in Westminster does not necessarily translate into actual, practical action on the ground. The 50% target and future targets are critical to hold the Government to account and ensure that there is a materially significant driver to remove the hurdles to increased recycling. Will the Minister give a cast-iron guarantee that the progress report provided for in the SI does not in any way reduce or dilute the requirements imposed on the UK as a current member state by article 11.2 of the waste framework directive, which stipulates a minimum 50% recycling rate by 2020? Will she reiterate the Government’s firm commitment to the 50% recycling rate by 2020 target?

Under current EU legislation, it is a requirement for the UK Government to report to the European Commission on their record with regard to meeting targets. If targets are not met, the report must include the reasons for failure and the actions that the member state intends to take to meet them. Under the new rules set out in this SI, the Government will produce a progress report on whether the 50% recycling target has been met by 2022,

“in a manner which the Secretary of State considers appropriate.”

So far as I can tell from this SI—I invite the Minister to correct me if I am wrong—that will be the only action required if the UK fails to meet its targets. That would drastically erode the importance of the UK’s obligation to meet the 50% target. Will the Minister give a cast-iron guarantee that, in the event that the 50% recycling target in the waste framework directive has not been met as required by 2020, the report that the Secretary of State must produce by January 2022 will include, as the directive would have required, the reasons for failure, the actions that the Government intend to take, and the date by which the target will be met?

Recent additions to EU legislation require member states to recycle staged, enhanced target percentages of municipal waste—55% by 2025, 60% by 2030 and 65% by 2035. If we are to maintain our current good standing as a nation and, depending on future trade arrangements, if we are to maintain some of our trade with the EU, particularly in the field of waste management, we need to ensure non-regression with the EU. Will the Minister give a cast-iron guarantee that those enhanced targets will form part of the UK statute book, alongside the current 50% target?

If an EU member state were to be found guilty of failing to meet its targets in a directive, the EU penalty formula would be applied—in this case, a maximum fine of about €700,000 every day if we do not meet the target in 2020 and continue not to meet it for a significant period. To try to replicate that level of deterrent, we would require a strong, accountable watchdog, completely independent of Government, with the power to impose significant financial sanctions on the Government, which would have to be spent outside the immediate remit of the responsible Department if it was to have any chance of concentrating the minds of those responsible for the targets in the Department for Environment, Food and Rural Affairs. This SI simply states that the Secretary of State must produce a progress report in a manner that they consider appropriate. That is a policy change. We are going from a compulsory and obligatory target with strict fines to an advisory target with no consequences for targets being missed. Will the Minister give us a cast-iron guarantee that the watchdog proposed in the Government’s draft Environment (Principles and Governance) Bill will be set up within a reasonable timeframe and will have the power to impose actual and significant sanctions on the Government in the event of recycling targets being missed—including any missed before it came into operation?

Current EU legislation requires member states to report progress—a requirement that currently covers the entire UK—but the SI requires the Secretary of State to publish a report only on whether the UK target to recycle 50% of household waste by 2020 has been met with respect to England. It sets no obligation for the devolved Administrations to publish such a report. Wales is well ahead of England in meeting recycling targets and there is no reason to suppose that Scotland might not be well ahead of it in the future, but, while waste and recycling policy are devolved matters, there are UK-wide issues that will affect the Scottish and Welsh Governments’ ability to continue to improve their levels of recycling. Will the Minister therefore give a cast-iron guarantee that the Government will work with the devolved Administrations to ensure that a UK-wide report is produced on the extent to which the 50% recycling target has been delivered by the 2020 deadline, as well as separate reports for each country?

[Sir Bernard Jenkin]

I am the Chair of the Select Committee on Public Administration and Constitutional Affairs, of which the hon. Gentleman was a member. He will recall how much work we did on trying to reinforce the linkages between Whitehall and the devolved Adminstrations and the relationships between the devolved Parliaments and this Parliament, and to create consensual frameworks around exactly the kind of thing that he is discussing. I hope that the Minister will treat his request extremely seriously.

[Sandy Martin]

I thank the hon. Gentleman for his intervention, and I am sure that if he agrees with me the Minister will be able to do so, too.

The Opposition are concerned about the potential significant weakening of the UK’s obligations to meet existing EU recycling targets. No legislation is set to be in place on exit day to hold the Government to account for their action or inaction on recycling rates and other crucial environmental targets, and the least that we can do is demand a firm guarantee from the Minister that the Government intend to abide by them.

The Minister claims that the SI simply replaces the reporting requirements in the waste framework directive with an equivalent domestic requirement. However, in effect it changes the important recycling rate targets from obligations to advisory targets that can be easily ignored. We need strong targets that the UK must stick to, and an environmental watchdog that is funded, well resourced and independent of Government, to hold the Government to account. It will need the power to impose sanctions that will deliver real compliance with those important environmental objectives.

We are still waiting for the details of the office for environmental protection, and to know whether it will have powers to issue fines equivalent to the EU powers currently in operation. It should not solely be down to organisations such as ClientEarth, in the case of air quality, to bring cases against the Government for failure to hit their own targets. Only a statutory body with independent statutory powers will do. I await the Minister’s response with interest.