Waste Incineration: Regulation

John Grogan Excerpts

Tuesday 9th April 2019 Westminster Hall

[John Grogan (Keighley) (Lab)]

I beg to move,

That this House has considered the regulation of the incineration of waste.

It is particularly pleasing to open this short debate this morning for three reasons. First, it is good to talk about anything other than Brexit. Secondly, it is good to have a fellow Yorkshireman in the Chair and as Chair of the Housing, Communities and Local Government Committee, which is looking at the Government’s waste strategy in a short inquiry. Thirdly—I hope we can reach some consensus across the Chamber—this debate is inspired by two rising stars. I am glad to see one of them, my hon. Friend the Member for Ipswich (Sandy Martin), in his place. He is the first ever shadow Minister for Waste and Recycling combined. The second, who not in his place as he has other business today, is the Secretary of State for Environment, Food and Rural Affairs. When I pointed out at Environment, Food and Rural Affairs questions recently that new incinerators could divert waste that might otherwise be recycled, he said I had a good point. That is perhaps the nicest thing anyone has ever said to me during questions. I am particularly glad for those three reasons.

I wish to put three propositions to the Chamber. First, there is a case for a moratorium on incineration. We have quite enough incinerators to deal with residual waste at the moment. Secondly, the Environment Agency should be more robust in its approach in enforcing the waste hierarchy. Thirdly, the Treasury should continue to look—as it has be doing publicly in recent months—at whether a tax on incineration should mirror the landfill tax.

I acknowledge at the beginning that there are many Members in the Chamber today and I will happily take interventions. There is an organisation called the UK Without Incineration Network that is to be commended on the quality of the information it provides. Indeed, in reporting on an industry conference, an industry paper said that if Paul Davidson, who is a strong lobbyist for incinerators,

“wanted technical and other details”

about individual incinerators,

“he went to the website of implacable opponents UKWIN.”

Mr Davidson was reported as saying

“It’s a great website. It’s a disgrace that that is the best source of information.”

When I form my first Administration, the organisation’s chief co-ordinator, Shlomo Dowen, will be the first person I will recommend for a peerage.

[Priti Patel (Witham) (Con)]

I congratulate the hon. Gentleman for securing this debate. There is no doubt it will be lively. He has just hit the nail on the head. When incinerator operators apply for licences from the Environment Agency, a lot of bureaucratic and complicated paperwork goes with that that prevents local residents from scrutinising some of these applications. Does he agree with me that more needs to be done to unpick that information to make it more accountable and transparent for local residents?

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[John Grogan]

I agree. Many residents feel that the Environment Agency’s job seems to be to try and do everything possible to nod through the application rather than rigorously interrogate it. Indeed, as I pointed out in my opening remarks, the Environment Agency has responsibilities under the Waste Regulations (England and Wales) 2011, passed by the coalition, to enforce the waste hierarchy, which puts reuse and recycling at the top. It fails to do this.

[Carolyn Harris (Swansea East) (Lab)]

In my constituency of Swansea East, in the very pleasant community of Llansamlet, Biffa is currently attempting to get permission to build one of those incinerators and 2,500 members of the local community have come together to object. Does my hon. Friend agree that placing such a facility in the middle of a community is detrimental to its health, schools and homes and that we should be looking at other ways of disposing of our waste?

[John Grogan]

I am quite shocked by that application, but it mirrors an application in the centre of Keighley, to which I will refer in my closing remarks.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I am very grateful to the hon. Gentleman for allowing me to intervene in this brilliant debate. I agree with his propositions, particularly on the waste hierarchy and the likelihood that incinerators will reduce both the amount that we recycle and our attempts to reduce waste in the first place. Does he agree that there is a risk, through so-called gasification, that we may have incineration by another means, and that it is absolutely right that applications should be considered—if they are to be considered at all—only if they are away from centres of population, on the precautionary principle?

[John Grogan]

I agree absolutely with the hon. Gentleman on the precautionary principle. However one defines incineration, it is true that the more of it there is in a local authority, the less recycling there is.

[Hugh Gaffney (Coatbridge, Chryston and Bellshill) (Lab)]

Some 7,000 constituents in Carnbroe rejected this for 11 years, and the council fully backs the community. The Scottish Government keep overturning that decision, however, and keep coming back. Will anyone listen to the communities who actually have to live with the incinerators?

[John Grogan]

My hon. Friend makes a point and in a moment I will briefly set out the case for a moratorium on new incinerators, which I think is definitely needed.

[Steve Brine (Winchester) (Con)]

At the moment, my constituents are very worried about proposals for a new incinerator the size of Battersea power station in the Hampshire downs countryside, which is a rural location, not an urban one. It would be in the constituency of my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), whom it is good to see in her place. Given that incineration is not recycling and the proposals would lead to countless lorry movements just to feed the machine, does the hon. Gentleman agree that it would be good to hear from the Minister about where the Government see incineration in the hierarchy of waste management in England today?

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[John Grogan]

I, like the hon. Gentleman, am looking forward to the Minister’s remarks. As I said, I do not think that the Environmental Agency has done nearly enough to enforce that waste hierarchy, to which all parties are committed.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

My hon. Friend knows that I have a long-term interest in the sector. Indeed, he can check the Register of Members’ Financial Interests—I have always been interested in energy from waste. He should be very cautious about calling it “incineration”. Energy from waste is at its best—looking at Sheffield or the new power plant in Leeds—when, for most of the town or city, it not only feeds into the electricity supply, but is a large contributor to it. On the other hand, if the heat is retained and heats the whole of the centre of Sheffield, as it does, it is a very valuable part of the balance that we need. We can never recycle everything, and if we do not have that balance between good quality energy from waste, recycling and minimising throwing stuff in holes in the ground, we are lost. I would love that sort of facility in my constituency, where we have an old-fashioned incinerator, but all the heat goes out into the atmosphere.

[John Grogan]

I say to my hon. Friend that I used to chair the last but one coalmine to close in this country; Hatfield Colliery, in Yorkshire. Incinerators actually emit more CO₂ per megawatt-hour generated than any other fossil fuel source, including coal. On CO₂ and global warming grounds alone, we must consider that.

I will go back to my remarks about whether we have enough incinerators. Only one independent analysis is widely respected: Eunomia’s. It is an environmental consultant with expertise in this area that has issued 12 reports, the last of which was published in July 2017. The analysis clearly demonstrates that operational incineration capacity has grown rapidly, from 6.3 million tonnes in 2009-10, to 13.5 million tonnes in 2017. Additional capacity is assessed to be 4.8 million tonnes.

[Paul Girvan (South Antrim) (DUP)]

I appreciate that many councils and local authorities are entering contracts relating to providers of incineration. In doing so, they are diverting waste that should be recycled, because of those contractual agreements. That is creating a big problem.

[John Grogan]

The hon. Gentleman hits the nail on the head. It creates a perverse incentive for local authorities which, on the one hand, have a duty to recycle, but on the other must fulfil a contract that they have entered into. That means that when Eunomia did the analysis it looked at a series of projections, assessing the capacity of the incinerators against the availability of the feedstock of waste. In response to my hon. Friend the Member for Huddersfield (Mr Sheerman), I would point out the assumed levels of recycling to which we are committed in Yorkshire in particular. We are committed to a recycling rate of 55% by 2025, 60% by 2030, and 65% by 2035. Eunomia and, indeed, the Government have accepted that we will have enough incineration capacity to meet the residual waste, given those recycling targets. Tom Murray, the deputy head of resources and waste policy at the Department for Environment, Food and Rural Affairs, said this year:

“Our evidence is suggesting that, when we meet recycling targets…recycling will leave no capacity gap”

with respect to incineration.

[Mr Sheerman]

Before my hon. Friend moves on from recycling, will he give way? He is a good friend of mine.

[John Grogan]

Just because my hon. Friend is a very good friend: I have only a few minutes left, so I can take a short intervention.

[Mr Sheerman]

My hon. Friend knows that his local authority’s recycling is pathetic, as is mine. My challenge for him is, if energy from waste is stopped, what will we do with the non-recyclable plastics that are pouring into every town and city in the country?

[John Grogan]

The way I would help local authorities to recycle more would be to tax incinerators, just as landfill is taxed, to give them the money to increase recycling rates. That is being considered by the Treasury at the moment. The Exchequer Secretary to the Treasury said recently that the Treasury

“would be willing to consider a future incineration tax once further infrastructure has been put in place to reduce…the amount of plastics that are incinerated, further improving the environment and reducing the amount of throwaway single-use plastics.”––[Official Report, Finance (No. 3) Public Bill Committee, 6 December 2018; c. 299.]

[Bim Afolami (Hitchin and Harpenden) (Con)]

On the point about incinerator tax, does the hon. Gentleman agree that in situations where, as in my constituency, there is a proposal for a major incinerator yards outside the constituency boundary, and local people feel they have no ownership to enable them to affect the outcome, whether through their MP or councillors, it is particularly important that any tax that might come in should be shared broadly with neighbouring communities, and not just in the council area where the incinerator is?

[John Grogan]

The hon. Gentleman makes a good point. There are precedents that can be looked at, such as the landfill tax. However, I hope that the Government—any Government—will rapidly bring the matter to a conclusion, to give certainty. Instead of just flirting with the idea of taxation it is now time to act on it.

If the House will indulge me, in my remaining couple of minutes I need to refer to the outstanding application in the Keighley area. I commend the work of Aire Valley Against Incineration, which has campaigned hard on the issue. There is planning permission. It is quite unusual to apply for planning permission and not to apply at the same stage for an environmental permit. I do not know whether the Minister would have a comment to make on that. The application for an environmental permit bears little resemblance to the original planning application. Fifty per cent. more waste is envisaged. There is planning permission for 100,000 tonnes, and an extra 48,000 tonnes is now being added. The layout of the buildings and chimney stack has changed. The nature of the waste that might be burned has changed. The planning committee was told that only residual waste in the form of refuse-derived fuel would be included. Now the Environment Agency is being told that the facility will accept residual, commercial and industrial waste of a similar nature to unsorted municipal solid waste.

There is therefore great concern in the community. We hope that the Environment Agency will do a rigorous job. There is even more concern because of the nature of the company involved—Endless Energy, which is not even a member of the trade association. It is based in the Isle of Man. It has two directors who have been named by the Environment Agency. One of them, Rajinder Singh Chatha, was the controlling force behind Oddbins, which has recently gone into administration. A tax tribunal recently found that he was

“intentionally misleading about some of the explicit lies that the tribunal has found were told to HMRC”.

It decided that he was not a fit and proper person to be allowed to sell or distribute duty suspended alcohol. He is not a fit and proper person to sell alcohol! Despite the pleadings of my hon. Friend the Member for Huddersfield (Mr Sheerman) that this industry should be given a fair chance, these people are cowboys. Until recently cowboys were running Keighley Cougars, our proud rugby league team, but they have now gone. I will be writing to the chair of the Environment Agency to ask how it can possibly trust a man who the tax authorities say cannot be trusted.

[Mr Sheerman]

Will my hon. Friend give way? He did mention me.

[John Grogan]

I will not give way to my hon. Friend for a third time, but I look forward to having a cup of tea with the chair of the all-party group for Yorkshire and Northern Lincolnshire, and restoring our friendship. In the meantime, I hope the Front-Bench speakers will be robust about this. Obviously the Opposition Front-Bench speaker cannot speak on this occasion, but there is a chance that we could reach agreement on incinerators, perhaps even before we reach agreement on Europe across the House.