Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Lord Grantchester Excerpts

Wednesday 23rd October 2019 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for her extensive introduction. I am grateful to her and her officials for their time in providing a briefing.

I am reassured that this SI makes no changes to the regulations covering waste and ensures that the law around waste disposal, installations and the recovery of mixed municipal waste collected from private households after Brexit will now be exactly the same over the whole of the UK. More importantly, perhaps, for Northern Ireland, it will be the same across the whole island of Ireland, as the UK and the EU statutes will be identical, so there will be no issues should a border ever be reintroduced.

This SI covers contaminated land and the supply and storage of prescribed substances and potentially hazardous substances. This could include asbestos. Can the Minister say whether this might also include, as a hazardous substance, nuclear waste, and, if so, whether that might now or in the future be nuclear waste created in England, Wales or Scotland and shipped to Northern Ireland for safe disposal?

As this SI transfers current EU law directly into UK and Northern Ireland law, I am confident that there will be no additional costs on local authorities as they already carry out duties under waste disposal, noise and environmental liabilities.

In the Explanatory Memorandum, paragraph 2.6 refers to the Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019, which have already been debated. Since SIs which have been debated are then allocated an official number, it would be helpful for this number to be used. For those of us grappling with numerous SIs, many with what appear to be the same long titles with only one word different, if where they have a number it is quoted each time they are referred to, this would make life far less confusing. That is a very minor point, but it would certainly assist the process if it were to happen. Apart from that, I am happy to support this SI.

[Lord Grantchester (Lab)]

I too thank the Minister for her introduction to the order this afternoon. It is unfortunate that the Assembly in Northern Ireland is still not up and running. I declare my interest as having a farm in Cheshire in receipt of EU funds. I also thank the Minister for being available to discuss the order.

As the Minister says, these are mostly technical in their detail, in that they remove the references to Northern Ireland to follow the best available techniques in waste management and emissions targets as defined at an EU level. I am sure that she will confirm that improvements in developing techniques will still take place, scrutinised by experts in the relevant competent authorities.

While I understand that in the long term the UK will not be bound into the EU system, nevertheless, can the Minister confirm that, under the current withdrawal Bill, Northern Ireland will stay compliant with the EU’s regulatory regime? Is there then a risk that standards in techniques may diverge from those in other parts of the UK, and is it expected that any divergence will be material?

Generally speaking, the EU has been in the forefront of environmental improvements and has been instrumental in driving change. Following the UK’s proposed exit from the EU, there are severe misgivings that, in the impact of removal to EU standards, environmental improvements will not be maintained. While I acknowledge that the Minister has indeed stated that the UK will adhere to high standards, I would be grateful if she could outline the measures that the UK will commit to in order to ensure that environmental improvements will be adhered to throughout the UK.

These regulations also correct errors in earlier EU exit regulations. While I can understand the urgency with which it was necessary to introduce these regulations, can the Minister let the House know about the overall progress of revision of the department’s regulations and when the process might be complete?

[Lord Bew (CB)]

My Lords, I thank the Minister for introducing this instrument, and I am very grateful to her for confirming that there will be no diminution of environmental standards, and that this really is about protecting environmental standards in the right way. I express the obvious regret that this is not being dealt with in the Northern Ireland Assembly. It is now over 1,000 days. This is not the first time that the Government have had to come to this House with an issue of environmental protection which would have been better dealt with in the Northern Ireland Assembly. However, I would say to the Government that for a long time there was a certain chariness in doing things which had a hint of direct rule. I understand that, but in these areas where the two communities agree—there will be other issues coming before the House soon, I hope—I do not think that they need concern themselves overmuch with ideology. There is a genuine reason to be concerned, but there are areas where the two communities agree, and others are in the pipeline. Since the Irish Government understand the difficulty that the United Kingdom Government are in, there is no serious problem here. It is a matter of regret that for 1,000 days we have had no Northern Ireland Assembly, but none the less, the Government have no choice but to act as they are doing today.