Waste and Agriculture (Legislative Functions) Regulations 2022

Duke of Montrose Excerpts

Tuesday 8th February 2022 Grand Committee

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, the instrument before us was laid before the House on 13 January. It makes small but crucial changes to repatriate powers to the UK and correct an error in a previous agriculture SI by restoring an accidentally omitted definition of an appropriate authority. This instrument covers two subject areas: waste management and agriculture. I shall take them in turn.

First, for waste management, this instrument transfers powers relating to several directives concerning waste from the European Commission to the Secretary of State. Where appropriate, these powers are also transferred to the devolved Administrations. The powers will largely give the Secretary of State and, where appropriate, the DAs, the ability to make regulations to set various technical standards, criteria, thresholds, and conditions. All these standards are currently operational, and we do not anticipate the need to alter them soon. However, there may be a need to amend them in future. For instance, should a superior waste treatment method be developed, without the amendments made by this SI we would not be able to make regulations to take account of the new method, which may weaken our high environmental standards.

I shall briefly outline the power, or powers, being transferred from each EU directive. Regulation 5 transfers the power to set standards for the sampling of waste going to landfill from the landfill directive. Regulations 6 to 9 transfer powers from the end-of-life vehicles directive to update and modify exemptions covering the use of certain heavy metals in vehicles based on scientific or technical progress; to specify minimum requirements for the certificate of destruction for waste motor vehicles; to modify conditions for storage and treatment for waste motor vehicles in line with scientific or technical progress; and to specify material and component coding standards for vehicles.

Regulations 10 to 11 transfer powers from the mining waste directive to modify non-essential elements such as guidelines for inspecting waste facilities and sampling methods, and to update regulations in line with scientific and technical progress. Regulations 12 to 13 transfer powers from the batteries directive to specify export criteria and to grant exemptions from labelling requirements for batteries and accumulators.

Regulations 14 to 17 transfer powers from the waste framework directive: first, powers to prescribe detailed criteria for what substances may be considered a by-product of a manufacturing process rather than a waste product, whereupon it can be sold or treated differently; secondly, powers to prescribe detailed criteria for when waste may no longer be considered waste, such as if the substance can be put to a more useful purpose elsewhere; and, finally, powers to specify the application of the formula for incineration facilities.

Regulations 18 to 20 transfer powers from the waste electricals and electronic equipment directive to update selective minimum treatment technologies for waste electrical and electronic equipment, or WEEE; to update the technical requirements for WEEE treatment and storage operations and the non-exhaustive list of products listed as falling into each of the categories specified in the WEEE directive; and to update the crossed-out wheeled bin symbol. These powers could, for example, be used to tighten treatment requirements of substances in WEEE found to be hazardous to health and the environment. The powers, apart from those relating to the batteries directive and the mining waste directive, will apply in England, Wales, Scotland, and Northern Ireland. The powers relating to the batteries directive and the mining waste directive will apply in England, Wales, and Scotland but not in Northern Ireland.

I shall now cover this instrument’s effect on agriculture- related legislation. This instrument amends Regulation (EU) No 1306/2013 of the European Parliament and of the Council as it relates to the organisation of common markets and rural development measures. Regulation-making powers from that regulation were previously transferred to the Secretary of State and their counterparts in the devolved Administrations by three EU exit SIs. However, the effect of the interactions between these three SIs has resulted in Regulation (EU) No 1306/2013 no longer containing a definition of “appropriate authority” in relation to the financing, management and monitoring of the organisation of common markets and rural development measures. Therefore, this instrument reinserts the definition of appropriate authority into Article 2 of Regulation (EU) No 1306/2013 and revokes the ineffective definition in a previous EU exit SI, the Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020, to correct this deficiency.

No impact assessment has been prepared for this instrument, because this instrument only repatriates powers to the UK and corrects an accidental omission in a previous EU exit SI. The impacts will be considered if regulations are made using the repatriated powers.

Safeguards are provided through a requirement, in relation to the waste-related powers, to consult appropriate authorities and such other persons as the Secretary of State or the devolved Administrations consider appropriate, before making regulations under these powers. Any regulations made under these powers would receive Parliamentary scrutiny through the negative procedure, except one agriculture-related power to make regulations in the event of an emergency to make payments to beneficiaries. This allows use of the urgent affirmative procedure where it is both necessary and justifiable to ensure that beneficiaries can be paid.

I commend these regulations to the Committee and I beg to move.

[The Duke of Montrose (Con)]

My Lords, I am most grateful to my noble friend for such a full explanation of the impact of this measure. Did I hear him say that this will allow the Government and the devolved Administrations powers to amend the waste regulations, presumably in their area? Does he expect the powers to vary between the different areas? On the disposal of cars, one can see that a devolved Administration could perhaps make the regulations less onerous and thereby attract cars for disposal to set up a bit of industry or activity in their area. Have the Government considered that? Is it likely to be beneficial in these areas?