Packaging: Extended Producer Responsibility

Debate between Catherine McKinnell and Anna McMorrin

Wednesday 3rd April 2019 Commons Chamber

[Anna McMorrin]

That is a fantastic example, and I hope that businesses in my own, neighbouring, constituency will be able to follow suit. We have had some fantastic local campaigns in the constituency. The initial plastic-free Rhiwbina campaign has now spread to plastic-free Llanishen, plastic-free Pontprennau and plastic-free Whitchurch. Those are all local communities with worried residents and children who are keen to make a difference in their own way, but this only goes so far. The brilliant “Packet-in” campaign from Rhiwbina and Coed Glas primary schools has seen the children collect packets that cannot be recycled and send them back to the chief executives of the manufacturers, accompanied each time by a letter demanding to know why they are not doing any better. However, we know that the reason why is that the issue needs structural, systemic change at Government and industry level. To do that, we need to legislate to incentivise big business and packaging producers to take responsibility for their waste and to ensure that the right infrastructure is there. That is why I introduced my Packaging (Extended Producer Responsibility) Bill which, if passed, would require producers of packaging products to assume 100% of the responsibility for the collection, transportation, recycling, disposal, treatment and recovery of those products.

My Bill would be a much-needed reform to the broken UK waste system, which is not fit for purpose. Introduced by the Conservative Government in 1990, this piecemeal and disjointed system sees a few large companies benefit and masses of waste shipped overseas out of sight, as my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) said, and in all probability dumped into our oceans.

There are two main problems with the current system. First, waste collection is based on a producer responsibility note or PRN scheme. Under the current provisions of the producer responsibility obligations, businesses that handle packaging must fund the recovery and recycling of packaging material in proportion to the amount they have placed on the market. In other words, the more that packaging producers make, the more they pay, which sounds quite fair.

Unfortunately, the implementation of the PRN scheme is far from fair and disproportionately places the burden of waste collection on local councils. PRNs and PERNs—packaging export recovery notes—allow companies to comply technically with the law, as opposed to following the spirit of the law. What I mean by that is that if companies are in possession of a PRN or a PERN, they have the legal evidence needed to state that they are complying with the law, but PRNs and PERNs then become a substitute for businesses meeting their obligations through their own recycling efforts. That then places the burden of big business’s waste squarely on to local councils and the British taxpayer. There are no financial incentives for businesses to stamp out the bad practice, because the current costs in the system are so disproportionately low compared with the cost of recycling waste.

To put that in context, the UK’s PRO fees are among the lowest in the EU and leave British taxpayers to cover around 90% of the costs of packaging waste disposal. The way that PRNs and PERNs are sold on an open, fluctuating market means that the price can fluctuate based on supply and demand. Due to market volatility, the growth of UK recycling capacity is then restricted. Instead of investment in UK recycling, much of the growth in the waste disposal sector has been achieved through exporting waste and through a growing dependence on export markets.

To put things bluntly, between 2014 and 2016, the average revenue from compliance with the system was about £60 million a year, but the estimated cost of recycling services for a local authority was nearly £600 million. That is not sustainable. We cannot continue to export our waste abroad to countries such as China, which has taken 60% of the UK’s plastic waste over the past decade. In 2017 alone, the UK’s waste exports had the same CO₂ emissions as 45,000 cars. China stopped all mixed-grade plastic imports from other countries in 2018, so vast quantities of mixed-grade plastic UK exports no longer have an overseas market.

Our councils cannot keep funding the costs of the broken system, especially when they are reeling from the austerity agenda of successive Tory Governments. Due to local government cuts, more than half England’s councils have had to cut budgets for communications and collections for kerbside plastics recycling. We need to act now to make our waste collection systems fit for purpose, and many producers agree.

Since I introduced my Bill, I have built a coalition of industry around the positive change that is needed. This has included producers, manufacturers, supermarkets, industry bodies and non-governmental organisations. They all acknowledge that the system needs to change and that they need to take more responsibility for their own waste, but they need several things to happen.

First, any new extended producer responsibility scheme must have transparency at its core to ensure it is clear where the fees collected from producers and retailers are being spent. The fees should be put back into the UK’s recycling and reprocessing infrastructure, and into any communication programmes surrounding it, to make it work. Funds raised within the system must stay in the system, and a single not-for-profit organisation could be established to make that happen.

Secondly, local authorities should not be out of pocket for any recycling or waste collection they undertake. Thirdly, charges on producers should be modulated, varying based on the recyclability of packaging, and with higher fees for using more environmentally damaging materials.

Fourthly, any new scheme should encourage innovation in packaging design and be capable of responding flexibly and swiftly to improvements in packaging production. Finally, local authorities should be supported to improve the consistency of material collected for recycling.

I welcome the much-awaited resources and waste strategy, which was recently published by DEFRA.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

With the much-awaited legislation expected in 2021, with implementation in 2023, does my hon. Friend share my concern that we heard over the weekend that two thirds of DEFRA staff have been transferred to work on Brexit matters? This must not suffer as a result.

[Anna McMorrin]

I thank my hon. Friend for making that excellent point. I am very concerned about this, and it seems this legislation has a long lead-in time. We have been waiting for it for a long time. The system needs systemic change now, and we are all waiting for it. All our constituents are waiting for this.

I am pleased to see my suggestion of a single body to implement fundamental reform, as outlined in my Bill, has been included in the consultation. DEFRA acknowledges that a “producer pays” proposal to cover 100% of the costs would

“incentivise producers to think carefully about using less packaging, and to switch to using packaging that is easier to recycle.”

I am also glad to see modulated fees included in the consultation, but I believe it can go further and faster.

We need to get rid of one of the big flaws of the current system: the huge range of PRN and PERN compliance schemes. There are 52 such schemes, creating a market within themselves. It has been proven that having a vast array of schemes has led to the breakdown and abuse of the system, which needs to stop. A single centralised body could play that role in implementing the new EPR reforms, in ensuring that industry plays a key role, perhaps by sitting on the body’s board, and in ensuring accountability within that structure.

We must introduce higher targets so that at least 80% of packaging can be recycled, with the target moving upwards as schemes become more successful. There must also be clear reporting of recycling rates. A broader range of materials should also be included within the scheme. Materials being considered for EPR could and should be expanded to include, for example, the soft plastic around frozen food. The scope could change in future, being flexible as the system becomes more sophisticated.

We must not forget the devolved Administrations. While the Welsh Government will be working with the UK Government on implementing these EPR reforms, the Scottish Government are storming ahead with their own proposals on a deposit return scheme. It is vital that England and Wales catch up and work together across the UK, avoiding any disruption to producers, consumers and business.

In conclusion, several things in this DEFRA consultation have a lot of potential. Again, I encourage the Minister to look to my Bill. In the light of the Intergovernmental Panel on Climate Change’s recent damning conclusions on climate change, radical proposals are desperately needed, and the Government can afford to be far more ambitious. How many more dying whales do we need to see before we take the radical action we need? What will it take for Governments to listen and for us to clean up our climate? We cannot just leave this for our children to sort out. It is our duty to take the action that is needed now. We must use our positions to do that, and I hope the Minister and this Government will use theirs.

Leaving the European Union

Debate between Catherine McKinnell and Anna McMorrin

Monday 1st April 2019 Westminster Hall

[Catherine McKinnell]

The hon. Lady makes some excellent and important points. It is good that they are now on the record.

The reason I say all this, and why I have spent so much time holding the Government to account on this issue since 2016, is that I know that if we get Brexit wrong, it will significantly diminish our capacity as a country to fund our public services—to tackle the “burning injustices” that the Prime Minister once pledged to fight. I say to those who, quite understandably, just want Brexit to be over that if the UK leaves in the coming weeks, it is not over—Brexit and all of its ramifications has not even begun.

Turning to the second e-petition that we are debating, in the week after we were due to leave the European Union, and following two and a half meaningful votes on the Prime Minister’s withdrawal agreement, the only thing that is clear is that Parliament remains in Brexit gridlock, although today’s further indicative votes may help to provide some much needed clarity on a potential way forward. However, as things stand, we still face this cliff edge on 12 April. It is unclear how the Prime Minister’s agreement can be passed by Parliament before that date, given the scale of the challenge she continues to face, unless she is finally prepared to change course.

I have long believed the answer to this seemingly never-ending and hugely damaging parliamentary gridlock lies in what is advocated by the second e-petition that we are considering. Signed by 185,542 people as of 3.30 pm, it calls for a second referendum to be held to enable the British public to choose whether to accept the Prime Minister’s deal—the one that she and the EU have repeatedly told us is the only and best Brexit deal available—or to remain in the EU with the deal that we already have.

[Anna McMorrin (Cardiff North) (Lab)]

My hon. Friend is making an excellent speech on an important issue. Does she agree that, with the CBI and TUC calling this a national emergency, we need to take urgent action, decide on something and make sure that it goes to a public vote?

[Catherine McKinnell]

My hon. Friend succinctly says what I will say in more words.

I agree, and hon. Members are aware that I have campaigned for that outcome for the best part of a year. I have pressed for whatever deal the Prime Minister negotiated to be put back to the British public, given the enormity of the implications for our country’s future for decades to come. I have subsequently voted three times against the withdrawal agreement, because I simply cannot support something that I and the Government know will make constituents in Newcastle North and the wider north-east poorer. Indeed, as the Government’s analysis shows, the north-east will be hardest hit by any form of Brexit.

--- Later in debate ---

[Catherine McKinnell]

My hon. Friend speaks with great wisdom and insight.

From speaking to my constituents, I am aware that many deep and entirely unresolved issues underpinned the leave vote back in 2016, including a huge sense of being left behind and not being listened to for far too long, but ploughing ahead with a damaging Brexit will not enable anyone to deliver on the pledges that were made during the referendum campaign. They will not address those issues, not least if the approach taken does not even have a clear democratic mandate, as is the case at the moment.

I have equally serious concerns about what continuing down this path could mean for the integrity of the United Kingdom, as it is currently formed, and I strongly urge others to consider whether that is more important than the outcome of one vote held three years ago, which—my hon. Friend the Member for Bethnal Green and Bow (Rushanara Ali) put it very well—was to shore up the Conservative vote and Conservative party support in the 2015 general election.

[Anna McMorrin]

As we have heard, the Electoral Commission found Vote Leave and Leave.EU guilty of corrupt activities. Does my hon. Friend agree that until the National Crime Agency has done its investigation we cannot take the result of that vote as clear?

[Catherine McKinnell]

Those concerns are being expressed by many members of the public as they watch the reality of the 2016 referendum campaign and vote unravel. As we get closer and closer to 12 April, I have been making it clear to my constituents that I am prepared to support the revocation of article 50 if necessary, to prevent our country from leaving the EU without a deal.

It is because I am as patriotic, and care as passionately about the future of my city, my region and my country, as anyone that I cannot stand back and watch us crash out of the EU in that way. Allowing such a scenario would be a dereliction of my duty as a Member of Parliament, which is clearly set out as that of acting in the interests of the nation as a whole, with a special duty to my constituents. It would be contrary to the responsibilities of Members of the House as set out by Edmund Burke as far back as 1774:

“Your representative owes you, not his industry only, but his judgement; and he betrays, instead of serving you, if he sacrifices it to your opinion.”

And, indeed, contrary to the guidance of Sir Winston Churchill:

“The first duty of a Member of Parliament is to do what he thinks in his faithful and disinterested judgement is right and necessary for the honour and safety of Great Britain.”

Those duties weigh heavily on us all, and they are responsibilities that I take very seriously.