Waste Crime: Staffordshire

Gareth Snell Excerpts

Thursday 5th September 2024 Westminster Hall

[Adam Jogee]

In a parliamentary context, I feel that I have come of age, having been intervened on by the hon. Member—

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

You never forget your first time.

[Adam Jogee]

You never forget your first time with the hon. Member for Strangford (Jim Shannon)—there we are. My wife is indeed from Northern Ireland—but we will stop that one there. I am, however, grateful to him for his intervention, because he makes an interesting point. Lots of people in my constituency were told that everything had been done within the law, so the simple response for me is: let us change the law. The Minister already knows some of my thoughts on that. Although we have a very busy legislative programme following the election, it is something I will push strongly and proactively.

My remarks to the inquiry continued:

“The investigation into the fire concluded that it was most likely caused by a lithium battery, but two things on this, Chair—no battery was found, which raises some very serious questions and Walleys’ permit doesn’t allow for lithium batteries to be disposed of.

My call is simple—we need the site closed, capped and restored. And we need that done now. I have made that point to anyone who will listen and will keep doing so.

Today, I am here as the Member of Parliament for Newcastle-under-Lyme, and I am here to give voice to all the people who have raised this issue with me directly over the last couple of years.

We now need the Environment Agency to honour its responsibility to the people who live, learn and work here.

Simply put, Chair”—

that chair is in the Public Gallery, Councillor Bettley-Smith—

“enough is enough.

I look forward to answering your questions.”

I acknowledge the work of the cross-party committee leading the inquiry, and I welcome the invitation to speak before it, because I wanted Newcastle’s MP in the room helping to shape the way forward and delivering the results that local people want and desperately need. The stress, concern and fear about hydrogen sulphide emissions coming from the site cannot be overestimated. It is having a real impact on people’s lives and has done for many years now. There have been more than 100 breaches of the permit held by Walleys. Mr Vickers, imagine a citizen breaking an agreement, breaking the law or getting caught speeding more than 100 times? Imagine if there had been more than 100 parties in Downing Street. There must be real penalties and real enforcement.

In advance of this debate, the chief executive of Newcastle-under-Lyme borough council provided me with the number of complaints received by the council from 2019 to the end of August 2024: 32,315. Some 32,315 of my constituents have shared their rage, anger and frustration. Residents are also encouraged to report complaints to the Environment Agency, so I suspect there will be many more complaints. More than 30,000 people over five years have said that enough is enough, and we—the relevant agencies, from borough and county councils to the Environment Agency and Whitehall—must listen.

I acknowledge the work of the former Tory MP in my constituency for his work on this issue, but the simple fact is that the people of Newcastle-under-Lyme have been let down and left behind, and that must change.

--- 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.

[Dr Gardner]

Further to what my hon. Friend has said, we have to think about the involvement of other agencies. In Staffordshire, and I am sure elsewhere, fly-tipping and the illegal dumping of waste are often linked to organised crime. Therefore, the points that he made about local government, the Environment Agency and regulators also extend to preventive policing.

[Gareth Snell]

I thank my hon. Friend for that intervention. It is almost as if she has read the script in front of me, because she has perfectly lined me up for my next point, which is about the link between illegal dumping, fly-tipping in communities and the wider connection to organised crime and money making. Another report from Unchecked UK, published in 2022, pointed out that enforcement against fly-tipping was at a 10-year low, while the number of incidents of fly-tipping was at a 10-year high. There is a growing chasm between what is happening on the ground and the activities that perpetrators are being punished for and prevented from carrying out.

[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

I am in the neighbouring county of Warwickshire —we share many borders with Staffordshire—and fly-tipping is at an all-time high in my constituency. Much of that is from organised crime from the neighbouring boroughs of Tamworth, Coventry and Birmingham. They come along the M42, the M6 or the A5 and dump waste in the entrances to farms in the middle of the night.

That was the biggest issue that was raised when I recently met the National Farmers’ Union in my area. It is also the No. 1 issue raised by our local rural crime service, but it is not taken seriously by the police and crime commissioner for Warwickshire, and neither is any funding spent on advising people not to use the white vans that parade the streets offering to remove their waste. Reports of fly-tipping are the No. 1 thing I see every day on my local Facebook page. Because no money is spent on publicity, people have no idea where they should report these crimes—whether it is the local authority, the Environment Agency or the police. There has to be more joined-up working, and I would like to see the Minister leading that.

[Martin Vickers (in the Chair)]

Order. I remind hon. Members that interventions should be a little shorter than that.

[Gareth Snell]

I agree with everything that my hon. Friend has just said. We should not think about fly-tipping simply as community blight. It is not just about the sofa abandoned down the back alley; it is about cross-country, cross-border organised crime that is making millions of pounds for people in our communities who, frankly, have no interest in our communities. She made the point rather eloquently about the requirement for our police and crime commissioners to understand that this is an important issue that they must prioritise and tackle.

On the fly-tipping point that my hon. Friends the Members for Newcastle-under-Lyme and for Stoke-on-Trent South raised, I return to its longer-term impact. Fly-tipping is a waste crime that takes place in Staffordshire, and the House of Commons Library note that accompanies the debate gives the rather sad fact from the 2022-23 figures that almost half of all fly-tipping incidents across the whole of Staffordshire took place in Stoke-on-Trent. That is not a record that I am particularly proud of or would want to be associated with my city. That is why I am glad that upon its election in 2023, under the expert leadership of Councillor Amjid Wazir, the deputy leader of the council, the city council launched a clean-up campaign against illegal dumping in our towns under the moniker of “IDIOT”. “Don’t be an IDIOT” was the line. The council said, “Don’t dump in our towns. Don’t allow our community to be used by those criminal gangs that want to ruin our cities.”

The outcome has been spectacular: we now have considerably fewer incidents of fly-tipping. That is not only because the council makes a concerted effort to clear it up, but because it has invested in an environmental crime unit that seeks to prosecute and fine those people who dump waste in our towns and cities. The council has tripled the number of fines it hands out, and it pursues people through the courts where they refuse to pay the fine. It makes it clear that if people wish to undertake illegal activity related to waste in Stoke-on-Trent at a community level, the council is coming for them and will fine them. I personally would like a name-and-shame campaign, but I have not quite won the battle with the council yet; give it time.

What I would not want to be taken away from this debate is the idea that Staffordshire is the nation’s dustbin, and that it is strewn with all these terrible activities; because while we have these incidents, most of the people in our communities who live in Stoke-on-Trent and Staffordshire want to see clean neighbourhoods. They go out every day and do a little bit of work to make their community better. They clean up fly-tipping, report an illegally dumped sofa, report the smells to the Environment Agency, and report to the police abandoned buildings that suddenly start having industrial waste put near them. They do that because they want—as does everyone else in my constituency, county and city—to live in a clean, tidy and safe place. When the Minister winds up, will she give me some sense of hope to take back to Stoke-on-Trent that this Government, with this Minister, will deliver on that aspiration for clean, safe streets in every community, and that she will let us know how we can help her achieve that?

--- Later in debate ---

[Robbie Moore]

I distinctly recall saying from the Dispatch Box that no options were off the table, and that specifically meant that, in my view, the site should be closed. Officials will know that those points were being made to officials in the Department and at the Environment Agency, but officials will present other challenges, to do with legal implications and the processes that need to be followed. I am sure that the current Minister will have to deal with those challenges before the Environment Agency is able to take any further action, but there was clear advocacy from the previous ministerial team that Walleys Quarry should be closed. I wish the Minister well and am prepared to work with her to ensure that that solution can be reached.

The Environment Agency also singularly failed to find a solution to sufficiently safeguard the local community against the hazard presented by hydrogen sulphide, a gas released when waste breaks down on the site. For far too long, residents have had to put up with a strong eggy smell, which I experienced for myself when I visited the site. In my view, urgent and decisive action from the Environment Agency is required right now. I certainly made those frustrations known when I was in the Department, as I have indicated.

The Environment Agency has expressed its sympathy for local residents, but now is not the time for sympathy; it is time for action, not words. The Environment Agency put in place regular inspections to monitor levels of hydrogen sulphide. However, the latest data suggests mass under-reporting of the extent of the gas, and that the levels at the site were on average 80% higher than reported by the Environment Agency over a two-year period. The Environment Agency’s response to that latest failure on its part has been to apologise again and to announce another public meeting—yet again, words not actions. We all know that data collection is incredibly important for an enforcer to be able to take action, but the Environment Agency has failed in this simple task and, in my view, has failed to put monitoring points in appropriate locations around the Walleys Quarry site.

[Gareth Snell]

Further to the point made by my hon. Friend the Member for Newcastle-under-Lyme (Adam Jogee), there have been 10 years of data. I know because I used to ring the EA frequently in 2010, when I was in my constituency surgeries in the library in Silverdale and we could smell the smell. What more does the former Minister believe he would have needed in order to give a closure notice? Given that we all seem to agree that there has been a decade of failure by the Environment Agency, when he was Minister, what did he do to try to work out what the internal failings were, so that other communities that may have these problems do not have the long period of terribleness that we have had?

[Robbie Moore]

As I said, monitoring is incredibly important, because we need the data to be able to hold those who pollute to account, and the regulator needs the data to be able to take appropriate enforcement action, as the Environment Agency should do. But that data has to be collected appropriately, which the EA has not done, in my view, and the datasets have to be accurate. Looking back, there was a calibration issue with the datasets that were being collected, which meant that the Environment Agency had to issue a further apology. In my view, it is completely unacceptable.

That raises the bigger question, which the hon. Member for Newcastle-under-Lyme has already asked, whether the Environment Agency is fit for purpose in its current format. All the challenges that I am laying out today are things that I experienced in my short months at the Department. This is simply not good enough action by the Environment Agency. As I have stipulated, the site should be closed. Again, that is something that I advocated while in the Department. As the hon. Member said, this leads to the bigger question: is the Environment Agency fit for purpose?

In the debate earlier in the week I put some questions to the Minister and sought a response, and I will do so again today. If she is not able to give me an answer now—I quite appreciate that she may not be—I kindly ask that she puts her responses in writing, for the benefit of all of us in the Chamber and the residents of Newcastle-under-Lyme. I note that I have previously put similar questions to officials.

Will the Minister update the House on the current situation at Walleys Quarry, and is she content with the advice that she is being given by the Environment Agency? Does she agree that Walleys Quarry should be closed with immediate effect, as has been strongly advocated by previous Ministers in the Department?

[Gareth Snell]

The hon. Gentlemen is in a position of unparalleled knowledge compared with all of us, having been the Minister, at which time he advocated for immediate closure. I think the quarry should be closed immediately, and he has said that he does. What was he missing as the Minister? What lever that was just out of reach would have immediately brought about the closure of the site? If legislative change is needed then we can write that Bill here and now and take it to the House and try to get it passed, but the hon. Gentleman has been there and knows why it could not happen. What else would he have needed to get the job done?

[Robbie Moore]

In my view, it came down to process. There is a process that needs to be followed, with a suspension notice being served in the first instance to reasonably give the operator the chance to sort itself out. In my view, that process is not sufficient to satisfy residents, businesses and the wider community, but it was advocated to me that the process needed to be adhered to before we could get to the position of issuing a closure notice. I wish the Minister extremely well, and she will have my full support in trying to achieve a closure notice at speed. That is the only way of issuing a clear warning to the operator that if it pollutes, it cannot get away. The taxpayer should not have to pay for it.

Coming back to my questions, how many other landfill sites are being impacted by illegal waste dumping? How many other sites are there where local residents are being negatively impacted by pollutants and emissions?