Environment Agency: Enforcement Action
Debate between George Eustice and Sharon Hodgson(5 years, 11 months ago)
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George Eustice
I am going to carry on if the right hon. Gentleman will allow me.
It is well known that the criminal nature of the groups operating in the waste sector has changed over recent years. Groups are using highly sophisticated techniques to evade the agency. They act violently and threateningly to their legitimate competitors and agency staff, and often use their waste business to mask their involvement in other illegal activities, such firearms or drugs.
The agency therefore works closely with the National Crime Agency to map and detect the extent of serious and organised crime. The agency also undertakes proactive disruption and prevention work. For example, a successful landowner campaign was launched in 2017 in response to the widespread dumping of baled waste in empty buildings. Some 1,300 buildings that were possible targets of waste criminals were identified, and a host of organisations was then contacted.
The EA also works with a range of partners through the Government Agency Intelligence Network. In Teesside, for example, it instigated a local group that includes the police, fire and rescue services, local authorities, HMRC, the Driver and Vehicle Standards Agency, trading standards and UK Border Force. Following on from the positive results of that group, similar area-focused groups are being set up in the north-east.
In the north-east, the agency has a dedicated team of enforcement officers who lead on serious and significant cases of waste crime, and there is a host of resources to draw on for less significant cases. Agency officers use sophisticated surveillance equipment to detect waste crime. For example, officers have recently started wearing body cameras when visiting illegal waste sites.
The Government have ensured that enforcement is adequately resourced. An extra £30 million of funding, which was announced in the Budget in November, has been put into waste crime enforcement. That means that an additional £60 million has been committed to the agency for enforcement since 2014. The additional Budget funding will mean more boots on the ground, with over 80 extra enforcement staff across the country. The funding will aim to reduce the number of illegal waste sites, prevent illegal exports of waste and decrease waste being mis-described.
The hon. Lady made a specific point about additional powers for the Environment Agency. We are working to strengthen the agency’s powers in this area. As part of our continuing to ensure that the agency has the necessary powers and tools to enforce good compliance, we recently introduced regulations to strengthen its powers to tackle problem waste sites. They enable the agency to restrict access to a waste site by locking the gates or barring access, and to require that all waste is removed from a site, not just the illegally deposited waste. That is one example of how we have strengthened the law in this area.
We have conducted a consultation on strengthening the permitting regime. The consultation will tighten up the waste permitting and exemptions regime by raising the bar for people to operate in the sector. It also makes further proposals on fly-tipping. Subject to the outcome of the consultation, which was launched in January and ran for 10 weeks, we will seek to implement the changes later this year. This is an important step to ensure that only fully competent people are able to hold a waste permit. The process will crack down on criminals who choose to operate in the sector while acting under a veil of legitimacy. We strengthened the law on fly-tipping in 2016, introducing on-the-spot fine enforcement notices for people caught fly-tipping. One element of the current consultation is about strengthening that further so that even if we do not catch people in the act of fly-tipping, there will be an opportunity to levy a penalty notice against them when we are able to trace where the waste came from.
Mrs Hodgson
The Minister has plenty of time as we have until 10.30 pm, unless he has a pressing engagement—although what could be more pressing than talking about environmental issues in my constituency?
On that point, the Minister will appreciate that fly-tipping is very different from the issue I raised today. Waste is flying off the back of lorries, which are supposed to be netted, and on to the A1231. One of the problems for the Environment Agency is that that waste will have come from all over the place. Even if the EA or residents see it happening, the waste that they find may come from Joe Bloggs and somebody else. It could be traced back to the lorry and the company to which it belongs, and if an EA officer sees that take place, it should be enough for a spot fine. That was what I was calling for the Minister to bring forward.
George Eustice
I was going to return to that point later, but the type of fly-tipping we are attempting to tackle through the consultation is when a rogue collector of rubbish does not have a permit and then dumps it in a farmer’s field or in a gateway. That is slightly different from litter coming loose from a lorry. That would be an issue of permitting for those who transport waste to a particular site and the operators of those vehicles. It is not so much an on-the-spot fine or a penalty notice that is needed in that case as the power to suspend a licence to operate is incredibly powerful and, I think, the preferred tool. That is why, in the case of operators, we tend to use an improvement notice, an enforcement notice or an actual suspension since that does more damage to them than a penalty notice probably would.
George Eustice
As I said, I have experienced such issues in my constituency, so I understand residents’ concerns. The Environment Agency has the power to issue improvement notices and enforcement notices, or to suspend a permit. It uses those powers and, indeed, has done so in some cases in the north-east, which I will come on to.
To conclude my point about the consultation, we are also tightening the waste exemption regime. That is about looking at some of the sites that currently have a derogation and are exempt from requiring a permit—there is particular concern about those that have tyres and the way in which some are handled. We are raising the bar for those who want to operate a permitted site. That includes the requirement for a demonstration of technical competence, for example, and we have even looked at the idea of sites needing to put a financial bond in place to allow for recovery if there is a problem. I therefore think I have demonstrated that, through the consultation—it was launched in January and we are currently analysing the results—we have taken steps to strengthen the law in the way for which the hon. Member for Washington and Sunderland West has asked.
I turn now to some of the specific points that the hon. Lady raised about her constituency of Washington and Sunderland West, where there are eight permitted waste sites. Although three have had permit breaches in the last five years due to problems with flies in particular, as she described, all the sites are currently performing well and are rated A or B on the Environment Agency’s performance scale—A is the top performance. When there were permit breaches, the agency took the relevant enforcement action. In one case, as she pointed out, there was a prosecution, following which there was a fine of £16,000 and an award of £10,000 in costs.
The most recent of these problems was the 2015 case at the former Niramax site, which the hon. Lady mentioned. That site is now owned by Veolia and is performing better. I stress that the agency and the waste companies concerned work closely to ensure that operators are kept in compliance with permits and to try to overcome problems. For example, in 2014, the agency initiated a permit variation across all eight of the sites permitted to accept waste that had the potential to give rise to fly infestations, which added a bespoke condition on pest management. Sunderland City Council also became involved with breaches relating to public amenity.
The Environment Agency works with other public bodies locally, such as the police and the Driver and Vehicle Standards Agency, to monitor standards and performance relating to vehicles that transport waste in the local area. That is particularly important, given the hon. Lady’s concerns about waste that is supposed to be netted not being adequately secured to the load. In the most recent checks of over 200 vehicles that were inspected on site or observed on local roads, 12 were found to have minor regulatory issues relating to waste, and the DVSA dealt with two non-waste issues.
In conclusion, I recognise the important issues that the hon. Lady has raised. It is important to highlight that the Government have increased spending on enforcement in this area. I hope that I have reassured her both that we have changed the law recently—in the last two years—to strengthen regulations in this area and that we intend to do more. I have talked about the consultation, but we intend to strengthen the permitting requirements further. I also recognise that she has raised others issues, particularly around transport, and I will ensure that these are taken on board.
George Eustice
I will give way to the hon. Lady because I can see she is keen to make use of the time available.
Mrs Hodgson
I am very grateful to the Minister for giving way. I know he has given some assurances but, with the summer months approaching, I doubt that my constituents—they will be watching in large numbers, even though this debate has been held sooner than might have been thought, so they may be watching later—will be as reassured, given that they are the ones who are living with this day in, day out. As I have said, this has been going on for years. I know the Minister says that some of the new measures have come in within the last two years, but they really are not biting or perhaps having the effect he had hoped. I just wonder if he or his Department could keep an eye on this and perhaps revisit it. I will raise it again in questions, and if things are not progressing and companies are not adhering to the enforcement measures, further regulations might need to be looked at.
George Eustice
As part of our consideration around the consultation, I will ensure that an official in the Department takes note of this debate and considers some of the issues the hon. Lady has raised. As I said, we have specific proposals to raise the bar for those who want to operate a permitted site and with regard to the exemptions. If there is more we can do, working with the DVSA, to strengthen some of the standards for the transporting of waste material, we will certainly consider it.
We have had a very positive debate. It has been timely, given that our consultation recently closed, even if it was not as early as the hon. Lady would have liked. She has now had the opportunity to put her constituents’ concerns on record, and I hope I have reassured her about the action we are taking, although I also take on board her concern that it might not be enough.
Question put and agreed to.