Draft Waste Enforcement (England and Wales) Regulations 2018

Debate between David Drew and Oliver Letwin

Wednesday 28th February 2018 General Committees

[Dr Drew]

I agree entirely with my hon. Friend. Whenever we talk about waste in this place, it is right that we critique what we are doing and ask whether we can do it better. I could go on about how this building operates. I found out through parliamentary questions that we are not that good in how we dispose of our rubbish—out of sight, out of mind. If we cannot get it right in this place, how can we expect the Great British public to take waste more seriously?

I would like the Minister to explain in more detail the difference between what is unlawful and what is undesirable; that may be the argument that is considered when someone is thinking about whether they are responsible for removing certain waste. Take the example of a farmer who has had waste tipped on their land. It has been there some time, because it is difficult to remove. At what stage in the 21 days has it become unlawful? Is the onus entirely on the landowner then to remove it, pay for it and take precautionary measures to stop it from happening again? That is what was discussed in the bit of the meeting that I was in yesterday. We all know from going around the countryside that there are now more fields with boulders at the gates. That is about stopping people from getting access to the fields and, more particularly, stopping people from fly-tipping. That is an ever-present and difficult problem.

[Sir Oliver Letwin (West Dorset) (Con)]

I was following the hon. Gentleman, but I am now perplexed, because proposed new section 59ZB(4)(a) and (8)(c) of the Environmental Protection Act 1990 specifically talks about the occupier not knowingly permitting the disposal of the waste. He cites the case of a farmer who has stuff dumped on him by some fly-tipper, and who has obviously not knowingly permitted it. In that case, the last paragraph of proposed new section 59ZB(8) makes it clear that

“the authority may remove the waste from the land, or take steps to eliminate or reduce the consequences of the keeping”

of it, and that responsibility does not fall on the landholder. It seems to me that the SI is quite clear on the point he is raising.

[Dr Drew]

I thank the right hon. Gentleman, but if that is the case, then where is the money for local authorities? If they are going to have to pick up the bill for all that removal, it will be a substantial increase in both their responsibilities and their funding. It will be more difficult to prove that there has been tipping, because sometimes people are casual in how they have allowed waste to collect on their land, and there may be an argument about whether they encouraged it, and whether it is their waste or something that has been tipped—particularly fly-tipped—as a result of illegal activity. That is what I would like the Minister to look into. I am basically asking where the resources are. If the Government want local authorities to be more proactive, they must give them resources. We know resources are given to the Environment Agency, but the Environment Agency will only take action as a back-up; it will only be brought in subsequently.

To finish my questions to the Minister, I would be interested to know what pressure there is on local authorities, and indeed the Environment Agency, to dispose of this waste appropriately. Of course, in one respect this is a welcome move, because we are dealing with illegality and an ever-present problem. I go back to what I said on the previous SI: I would prefer primary legislation. The Clean Neighbourhoods and Environment Act 2005, which some of us were responsible for, was a good bit of legislation, but it certainly needs updating, because the nature of the problem has grown, and the way in which we deal with it therefore had to change. These SIs are indicative of that. I would prefer to deal with waste through primary legislation; we in the Opposition would give it support, because we feel that waste is such a big issue that it needs this sort of attention.

I hope the Minister has heard what I have to say. I am sure other people will want to make points about this important SI. My concluding remark is that I wish we could deal with this matter through primary legislation. That would make the public more aware that this place is doing something. More particularly, we would have the powers and responsibility to deal with the issue in the way that it should be dealt with.