Waste Crime: Staffordshire

Dave Robertson Excerpts

Thursday 5th September 2024 Westminster Hall

[Adam Jogee]

My hon. Friend rightly speaks of the importance of cross-agency working to get those issues addressed. I represent a number of farmers in Newcastle-under-Lyme, and I know that my farmers will share her farmers’ concerns. I thank her for raising that point. We all have examples of waste crimes that have taken place, yet there are plenty of examples where there is no enforcement or prosecution. Has the Minister assessed the adequacy of the long list of offences, and if so, is she happy with them? If she is not, what is the plan to ensure that we get that right?

The impacts of waste crime are widespread, with adverse effects on our constituents, businesses, public services, the environment and the economy. For example, illegal waste sites can pollute the environment through the release of noise, dust, surface or groundwater contamination, or through unauthorised fires and burning. This applies to Walleys Quarry, formerly Red Industries RM Ltd, in Newcastle-under-Lyme, both in terms of dangerous and unacceptable levels of hydrogen sulphide being pumped into my community and of the fire that took place on the evening of 4 August 2024. Sites such as Walleys and other relevant landfills are unlikely to treat the waste in compliance with environmental best practice. Those companies divert waste from legitimate businesses, reducing their potential income streams, viability and competitive advantage. The cost of ameliorating fly- tipped waste falls to public services and our constituents.

I am grateful to Keep Britain Tidy for its helpful briefing ahead of this debate—I suspect that colleagues who are here would have enjoyed that briefing, too. I acknowledge all the work that Keep Britain Tidy does to reclaim our green spaces, to clean our streets and roads and to keep our communities safe and clean.

[Dave Robertson (Lichfield) (Lab)]

Will my hon. Friend give way?

[Adam Jogee]

I will give way to another Staffordshire friend.

[Dave Robertson]

I thank my hon. Friend for initiating such an important debate on this most pressing issue. Does he agree with me that voluntary organisations such as those in my constituency, Burntwood Litter Heroes and Lichfield Litter Legends, really deserve the support and respect of their Members for all the work they do to keep our communities tidy, alongside the work of Keep Britain Tidy?

[Adam Jogee]

I thank my hon. Friend for that intervention. I, too, pay tribute to the organisations in his constituency that do so much important work. I very much like the alliteration of Lichfield Litter Legends, so he can pass our collective best wishes on to them.

Fly-tipping is the top environmental challenge faced by many communities, not least in Staffordshire, as we have heard from my hon. Friends the Members for Lichfield (Dave Robertson) and for Tamworth (Sarah Edwards)—neighbours, in fact. Despite resources going into tackling fly-tipping—education, monitoring, enforcement and removal—incidents of fly-tipping continue to increase. The education point for real people in the real world, as opposed to rich criminals in the waste crime world, is so important. This must be about pride—pride in our communities, in our homes, towns and villages—and this new Government, our Government, must lead by example and help to restore that.

In a previous life, I worked for the then shadow Minister for waste crime, my hon. Friend the Member for Newport West and Islwyn (Ruth Jones). She often raised in debates—I know, because I wrote many of the speeches—the high levels of recycling in Wales, so what discussions has the Minister had with the Welsh Government about best practice, and what lessons can we learn from the Labour Government in Wales? I see that my hon. Friend the Member for Vale of Glamorgan (Kanishka Narayan) is here.

This issue is of particular concern to residents on The Paddocks in Cross Heath in Newcastle-under-Lyme, and I am working with Councillor John Williams and Councillor Gill Williams on how we can hold the borough and county councils to account. Fly-tipping is also an issue for many residents in Bradwell. I thank one particular resident, Jane Rushton, for her tenacity and her commitment to keeping her community clean and free of fly-tips— I was at her house quite recently; she makes a very good cheese sandwich and an even better date loaf. I know that she is working with Councillor Andrew Fox-Hewitt, Councillor Lesley Richards and Councillor Annabel Lawley to do just that.

The Environmental Services Association—the trade body representing the UK’s resource and waste management industry—published back in 2021 a report entitled “Counting the cost of UK Waste Crime”, and these figures are relevant to now. It broke down the estimated financial impact of waste crime in England from 2018 to 2019 as follows: fly-tipping cost £392 million, illegal waste sites £236 million, misclassification £120 million, exemption breaches £87 million, illegal exports £42 million and waste fires £22 million. That was then and this is now. They are extraordinary sums, so can the Minister let us know what assessment has been made of the financial impact of waste crime in the last year, 2022-23? I suspect that she will have to write to me; I do not expect her to have all those figures now, but I will appreciate a written response.

Back in January 2018, the last Conservative Government published their 25-year environment plan, which set an ambition to eliminate waste crime and illegal waste sites over the lifetime of the plan, so by 2043. There is no evidence of that in Newcastle-under-Lyme, and while I urge the Minister to commit to eliminating waste crime and illegal waste sites, I urge her to give us deeds and not just words. Can she confirm that the Government will update the 25-year environment plan to make it fit for purpose?

In 2018, the Environment Agency was given new powers to tackle the problem of illegal waste sites. That included the power to lock up sites, to block access to them and to require rogue operators to clean up their actions, so I ask the Minister the following questions: how many illegal waste sites have been locked up since 2018? How many illegal waste sites have had access to them blocked? What does the requirement on rogue operators actually look like?

Turning to the disgraceful story of Walleys Quarry, I pay tribute to every local who has expressed their concern and tried to fight for the clean air and safe environment that everyone in our country and our constituencies deserves. I thank all who have campaigned to “stop the stink”. I first met Dr Scott, a GP in Silverdale, back in 2021. The situation facing local people has only got worse since then, when he made the health impacts clear, as he did last month at the public inquiry that the council held. I also acknowledge Dr Mick Salt for his tireless commitment and sheer tenacity—the theme here is that there are tenacious people aplenty in Newcastle-under-Lyme—and every local person who cares about getting the issue resolved.

I am pleased to welcome two of my constituents, Sheelagh and John, who made it down from Newcastle-under-Lyme to be in the Public Gallery for this debate. We are also joined by the deputy mayor of Newcastle-under-Lyme—the shadow Minister will be pleased to know that Councillor Robert Bettley-Smith is a Conservative —and Councillor Jacqueline Brown, a good friend of mine and an excellent Labour councillor in Silverdale.

Finding a way through on Walleys cannot be party political. For too long, the previous Conservative Government refused to engage meaningfully with the Labour Opposition— I know, because I worked for the shadow Minister at the time. For too long, in the council chamber at Castle House in Newcastle-under-Lyme, good ideas tabled by Labour councillors were voted down by the Tories purely because they were Labour ideas. That is no way for us to deliver for the people who sent me here. I welcome both members of the council to this debate, and I appreciate their support for my efforts to get the blight that is Walleys closed, capped, and safely and securely restored.

That will not be easy—if it were, surely to God it would have happened already. My constituents have had enough. They want to know what actually has to happen for action to be taken. How bad do things have to get? How many people need to be stuck in their homes, unable to open their windows, sit in their gardens or breathe without inhaling toxic fumes? They want to know why Newcastle feels like a dumping ground for other people’s waste. They want to see real action from those with enforcement powers to clean their air, to hold the operators to account and finally to rid our town of the disgusting, disgraceful and toxic levels of hydrogen sulphide.

My first words in the House after taking my oath were on Walleys. I promised local people that I would hit the ground running and that I would champion their determination for clean air and healthier lungs, heads and hearts. I have tried to do exactly that.

In August, Newcastle-under-Lyme borough council held a two-day public inquiry into Walleys Quarry. I share my opening remarks with the House. These words were said on behalf of those who live, learn and work in my constituency:

“Like so many of the people who live, learn and work in Newcastle-under-Lyme, I am angry—angry that nothing has changed, angry by the failures of the Environment Agency to give local people what they need—which is action not words.

I have been the MP for Newcastle-under-Lyme for almost 6 weeks”—

or had been then—

“and there isn’t a day that this disgraceful situation isn’t raised with me. I will work every day to get justice for local people and give us the chance to finally move on.

Just this morning, I was with local businesses and heard the impact and pressures they face.

Over the last week, I have heard from many local people terrified by the fire that took place on Sunday 4th August.

And I note that we still wait”—

or at least we did then—

“for the results of the fire investigation—we need to know what happened, why it happened and what lessons will be learned to make sure that it doesn’t happen again.

And hours after the fire, the site was accepting waste again—that is completely and utterly unacceptable in my view. No operator who wants to be a fair and good neighbour, who had regard for the impact on residents would have accepted waste so quickly.”

--- Later in debate ---

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Vickers. I congratulate my hon. Friend the Member for Newcastle-under-Lyme (Adam Jogee) on securing such an important debate in Westminster Hall so early in what I know will be a long and illustrious parliamentary career.

Although the hon. Member for Strangford (Jim Shannon) may have left, I want to pick up the point he made. Waste crime is often seen as an almost harmless activity and as something that does not hurt anybody, so the urge to deal with it does not necessarily manifest itself in immediate action. The hon. Member talked about the necessity of having significant fines that are robustly levied and vigorously collected, which would be a huge deterrent for rogue operators. Whatever form their action took, they would know that there was a penalty for the blight they cause to communities and the damage they do to people.

I will constrain my comments, first, to the Walleys Quarry site, which my hon. Friend the Member for Newcastle-under-Lyme mentioned. Starting 14 years ago, I had the pleasure of being a district councillor in the neighbouring authority of Newcastle-under-Lyme. The very first piece of casework I had was about Walleys Quarry—the smell emanating from it, the activities happening on site, and the questionable content of lorries driving up Cemetery Road on quiet mornings, with flocks of seagulls feasting on what was deposited. There have been several operators since then, but even at that time it was impossible to get to the bottom of what was going into the site and what was happening there. The situation was opaque, with obfuscation and sleight of hand by people who, I believe, simply tried to tell the community, “It’s all good. It’s all fine. By the way the landfill fund that your community can bid for offsets the fact that we’re here.” One day, they tried to blame the smell on the neighbouring sewage treatment plant, directing me and my ward colleagues to talk to Severn Trent Water about what they said must obviously be a faulty sewerage outlet.

Unfortunately, that attitude summed up any interaction I had with the operating company for many years. The concerns of residents were secondary, and as long as the company was bringing in the waste and able to put it in a hole, cover it with a layer of clay and say that it was capped off properly, it was not particularly worried about the impact. That has gone on for years and years, so I genuinely congratulate my hon. Friend the Member for Newcastle-under-Lyme on bringing the issue to the attention of the House.

I am no longer resident in my hon. Friend’s constituency or the councillor for Silverdale. When I moved to where I live now, my lung health improved dramatically. I am asthmatic. I lived in Silverdale for about 15 years, and every day my Ventolin inhaler was glued to my pocket because at some point I would have some sort of triggering event requiring me to take a reliever. When, about three years ago, I moved a mere three miles away to where I am now, my lung health dramatically improved. I no longer need my Ventolin inhaler as frequently as I did. My lifestyle has not changed; if anything, my burgeoning waistline has put me in a slightly less healthy position. The only common factor that has impacted my health is the air that I breathe daily.

I am glad that we are discussing this issue, and I am glad that we are doing so in a Westminster Hall debate where we can consider it at length. However, I say to the Minister—my friend whom I have known for many years now—that the local debate on it has gone on for a while. What we seek, and I have great faith that she will deliver, is the action that was missing under the previous Government. Although my constituency is three miles away, there are some mornings—particularly cold, crisp weather mornings—when, much like my hon. Friend the Member for Stoke-on-Trent South (Dr Gardner), I can open my front door, walk to the bottom of my street and smell the landfill site three miles away. It is a smell you do not forget if you have lived there and know the area. It does not matter where you are in north Staffordshire, if you can smell it, you can smell it, and you know what it is. It is the same scent wherever it manifests.

Up until only a couple of years ago, my daughter still went to school in Silverdale. If we drove towards the school, the smell would get stronger and stronger. We would get to the crossroads at the bottom of Cemetery Road and Silverdale Road, and we would hope with all our hearts that the lights were on green. The last thing we wanted to do was sit there while the rotation went through at the traffic lights, knowing that we would be stuck in a puddle of foul-stenching air that was almost certainly coming from Walleys Quarry. What may have been only four or five minutes as the traffic lights cycled through would feel like an age as we breathed in what was undoubtedly harmful, somewhat poisonous gas from the operating site. I welcome the fact that we are debating this issue, but, as I said to the Minister, now that we have a new set of Members of Parliament for north Staffordshire and a new Government, I hope that there is an opportunity to reset national action so that we can get the outcome that local people need.

I want to expand my speech to include wider waste crime issues across north Staffordshire. Although Walleys Quarry is undoubtedly a national disgrace, other parts of north Staffordshire have equally found themselves at the mercy of reprehensible individuals who have undertaken to make a fast buck on the back of local communities through the way they have dealt with waste. One such site was the old Twyford factory in the middle of Etruria in my Stoke-on-Trent Central constituency. I first raised the issue with the then Minister back in 2018, when it was quite clear that the factory was stuffed to the rafters with illegally accepted industrial waste. The chief fire officer for Staffordshire at the time, Becci Bryant, made it quite clear that not only would a fire on the site be devastating to the immediate area, where businesses were trying to operate, but, because the site was next to the west coast main line, a fire would shut the line down for months. Significant public investment would be required to make the railway safe, and the untold health implications would not be known for many years.

What waste was in there, nobody knew. How much was in there, nobody knew. All anyone could see as they drove around the A500 in Stoke-on-Trent was this once-proud factory that had such manufacturing history, and, through its graffitied windows, polythene bales of unknown materials stacked one upon the other. I was told by the chief fire officer that a genuine concern was spontaneous combustion, because tightly packed, unknown materials in plastic can sometimes simply set themselves on fire. That was in the heart of my constituency next to a residential housing development of several hundred people.

To his credit, the right hon. Member for Newark (Robert Jenrick), who was the Minister at the time, was happy to look at how we could use funds from the Department for Environment, Food and Rural Affairs to try to clear the site. The former Secretary of State, Michael Gove, met us to discuss the matter and we had a plan. To her great credit, my successor and predecessor, Jo Gideon, fought hard to get the site cleared. She made it a priority for her constituency and her constituents. The site was cleared at a cost to the public purse of around £10 million. That is £10 million of public money to clear one site in one constituency. It took a very long time, not because of intervention from the Government or for any local reason, but because every time we got to a point at which an enforcement notice could be raised, the owner would promise to clear up the site and the enforcement notice would not be taken forward. We then went down the cost recovery route for proceeds of crime, which took an inordinately long time. A fine was levied against the owner to have it cleared, and he was given six months to raise the money to pay for that. During all that additional time, the site remained a huge fire, health and safety risk to the neighbouring businesses, one of which closed up and moved for its own safety. The site was an eyesore in the middle of Stoke-on-Trent.

I know the Minister takes a huge interest in our environment and how we can make communities such as mine better, more prosperous and more sustainable. We are talking about a prime development site where development was slowed down because we were wrangling with one individual who had made an obscene amount of money by accepting illegal waste on to the site, and who did not want to use any of that money to clear it up. The fact that we had to clear it up not only represented a waste of taxpayers’ money, but slowed down the economic regeneration and development of Etruria and Hanley in my constituency. To this day, although it has now been cleared, the site stands vacant. The opportunities that it presented would have been game-changing for my constituency. We are talking not just about the cost of cleaning sites up, but about the opportunity costs in cities where huge buildings are misused by individuals who seek to make a fast buck.

[Dave Robertson]

I thank my hon. Friend for raising the issue. Around seven years ago, piled-up waste was disposed of in a similar site in Lichfield city—the old GKN site. My understanding is that the waste was fly-tipped. It caught fire, and arson was suspected. It was the fourth such incident in Staffordshire that year, and it took eight appliances and 65 firefighters to deal with the fire. Like the site my hon. Friend is discussing, it has been cleared but still awaits development. This is endemic across Staffordshire.

[Gareth Snell]

I thank my hon. Friend for his intervention—and I am grateful to be able to call him my hon. Friend; last time I was in the Commons, I never thought I would have the opportunity to call a Member who represented Lichfield my hon. Friend, and doing so fills my heart with glee. He is absolutely right. This debate could easily have been about waste crime anywhere in the country, because duplicitous operators who seek to make money off the backs of our communities without any care or attention are everywhere. I am sure that the new Minister will be clamping down on them hard.

I turn to how we do that. While we can all air our grievances about the sites in our constituencies, I want to spend a few moments focusing on what comes next. I tend to agree with what my hon. Friend the Member for Newcastle-under-Lyme said about the fitness for purpose of the Environment Agency, but I will be slightly more generous to it than he was. He rightly has a grievance with it over the operation of Walleys Quarry, but I think there is a bigger problem about the way we do regulatory enforcement in this country. The Environment Agency is an example that we can use to demonstrate that.

Every so often, Unchecked UK produces a document about the enforcement gap, looking at how regulatory organisations and agencies have done less and less enforcement over time. In its 2020 enforcement gap report, Unchecked UK found that between 2010 and 2020, the number of staff working for the Environment Agency decreased by 32%, so one in three staff disappeared. It also found that over the same period of time, the Environment Agency’s budget decreased by 63%. As a result, the number of prosecutions it could undertake decreased by 88%. The number of enforcement notices it was able to levy went down by 69.5%, and it could only take 44% of them through to prosecution because it lacked the capacity to undertake the necessary regulatory enforcement work.

While we must not excuse the actions of those who perpetrate waste crime around our country, it is not impossible to see why they think it is a lucrative way to spend their time and energy. The likelihood of their getting caught, of an enforcement notice being levied upon them or of a prosecution being brought has gone down and down over the past 10 years.

It is not just the Environment Agency that has had this problem. Local authorities around the country, which have a really important environmental health role and can quite often take small-scale actions in communities to prevent much larger destructive activities, have suffered the same blight. Over the past 10 years, 32% of environmental health staff in local authorities have been lost. That means that many enforcement and regulatory agencies react to problems, but they are unable to take proactive and preventive work to avoid things becoming problems in the first place.