Environment Bill

Lord Khan of Burnley Excerpts

Committee stage
Monday 5th July 2021 Lords Chamber

[Lord Khan of Burnley (Lab)]

My Lords, I will speak to Amendments 148A, 148B and 148C in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville. It is a great pleasure to follow the noble Baroness, Lady Boycott. To reinforce what other noble Lords have said, I agree with all those who have spoken on this important issue. In fact, we have been talking about the scourge of plastic throughout the debates on the Bill. We support these amendments wholeheartedly and we recognise the frustration expressed by a number of speakers. I will not go on for too long; I just want to reinforce some important points.

Some 61% of plastic packaging for recycling was exported in 2019 because of the lack of a domestic processing capacity. That lack of capacity is not a new problem; investment has been needed for many years, and the lack of progress calls into question the Government’s dedication to transitioning the UK to a circular economy. While the UK has continued to export its plastic waste, other countries, as noble Lords, and the noble Baroness in particular, have mentioned before, have become less willing or able to accept and process it. China closed its doors in 2017, Malaysia has tightened up regulation and just last week, as other speakers have said, Turkey—the biggest single recipient of UK waste—ended imports of most forms of plastic waste.

The noble Baroness, Lady Bakewell, made a very pertinent point about the exposure of illegal dumping. She talked, as did the noble Baroness, Lady Boycott, about the Greenpeace investigation and our 5.2 million tonnes of plastic waste; we are just shifting our plastic problem. The point she made was very touching: if we do not want our own children to play on these dumping sites and look for plastics, why should we expect people in other countries to allow that? It is a global problem: we cannot just end it by passing it on to other countries.

In recent years, a number of case studies have highlighted how carefully sorted plastics from the UK have ended up being fly-tipped or burned in other countries rather than being turned into new products. This highlights an important ethical case for change, on top of practical arguments about creating new jobs and transforming the economy.

While we may not be able to end our reliance on export overnight, it should be an ambition. The British Plastics Federation estimates that with the right drivers in place, the UK could eliminate low-quality exports entirely and reduce the overall volume of exports to just 9%. Additional investment and an export ban such as that proposed by the noble Baroness, Lady Bakewell of Hardington Mandeville, could improve the situation further.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, I, like many of your Lordships, find the news reports showing plastic waste from the UK being dumped and burned abroad very disturbing. It is illegal activity and we are working hard with partners abroad to find a resolution. As outlined in our manifesto, the Government are fully committed to banning the export of plastic waste to non-OECD countries, using the powers in the Environment Bill.

The noble Baroness, Lady Bakewell of Hardington Mandeville, brought up the Greenpeace campaign, which claimed that all UK plastic waste is exported to be dumped and burned overseas. That is false. It is illegal to export waste from the UK to be burned or dumped overseas. Any UK operators found to be illegally exporting waste can face a two-year jail term and an unlimited fine.

Waste exports need to be made in accordance with the legislation, which implements our obligations under the Basel convention and the OECD decision on waste, and we have a system of inspections in place to verify compliance. Over the last 12 months, monitoring by the Environment Agency has had a particular focus on preventing illegal plastic waste exports. In 2020, the Environment Agency prevented the illegal export of 46 shipping containers of plastic waste to Turkey, and this year it has already prevented the illegal export of 122 containers of plastic waste to Turkey.

Defra officials and the UK waste shipment regulators have been liaising with the Turkish authorities to forge better working relationships. The Environment Agency has developed a good relationship with the Turkish Ministry of Environment, which has expressed its thanks for the UK’s collaborative approach in preventing illegal exports of waste to Turkey.

My noble friend Lady McIntosh of Pickering mentioned ghost ships. I reiterate that ships which reach the end of their lives must be recycled in accordance with the relevant legislation. As with any waste that is exported from the UK, it is illegal to export waste for disposal except in exceptional cases.

A number of noble Lords mentioned capacity, including my noble friend Lady McIntosh of Pickering, the noble Lord, Lord Khan, and the noble Baroness, Lady Bakewell of Hardington Mandeville. Certainly, implementing a ban on exports of plastic waste to non-OECD countries will have wide-ranging effects on local authorities, our domestic waste infrastructure and businesses. It is important that delivering the manifesto commitment does not result in unintended consequences such as plastic waste being diverted from recycling operations to landfill or incineration. Defra has commissioned research looking at the available reprocessing capacity in the UK and the OECD, which will inform policy development ahead of a consultation in 2022. However, I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, for her amendments.

Clause 61 provides full powers to update our existing regulations on waste shipments as necessary, now that we have left the EU, including prohibiting the import and export of waste to any country in the world, so we could, for example, put Turkey on that list. Although the intention behind the noble Baroness’s amendment is welcome, unfortunately it would narrow the available power’s effect so that it could be used only very strictly to make regulations connected with prohibiting waste imports and exports. That could preclude us from making additional reforms that I know the noble Baroness would welcome: for example, to update reporting and monitoring requirements in connection with the regulation of waste imports and exports in future. It is appropriate to provide the Government with flexibility in this case as to when and how such provisions and regulations are made. This will ensure that regulations can be updated and revised as needed to crack down on the harmful export of polluting plastic waste to developing countries.

A number of noble Lords raised the question of the incineration of plastic waste. In particular, my noble friend Lady McIntosh of Pickering mentioned an innovative scheme from, I think, the University of York. A number of small firms are evaluating myriad scientific methods of reusing and recycling all forms of plastic, in particular those that cannot be got rid of in any other way. They include one which breaks down the plastic in question’s relevant chemical components, which then can be made into an oil that can be used to provide power. The noble Baroness, Lady Jones of Moulsecoomb, will be reassured that these are not processed for incineration. I do not have enough lines to satisfy the noble Baroness on the question of general incineration, so I commit to write to the House about other ways in which we can prevent plastics ending up being incinerated.

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Finally, I have a sentence about Amendment 279, which I might refer to as the heritage exceptions. It is an indicator of the interests in this place that more speakers have discussed this than the substantive amendments on recall, but it is a very important issue because it gets to the heart of appealing to people with common sense. If the heritage railways, for example, are not able to function in the future because of a stupid piece of bureaucracy—as people will see it—then you will lose hearts and minds. You have to have a sense of proportion about this when there is a small group of people doing something that is so socially worth while in so many ways. Therefore, it is of course only common sense that they are exempt from any restrictions of this nature.

[Lord Khan of Burnley (Lab)]

My Lords, I shall speak briefly to Amendments 157 and 159, in the name of my noble friend Lord Berkeley, and Amendment 279, in the name of my noble friend Lord Faulkner of Worcester. As has been outlined, the amendments in this group have different intentions, but, nevertheless, they allow us to reflect on the fact that, when we consider emissions, it is not just cars that we need to worry about.

Amendment 279 focuses on heritage vehicles and buildings, which have already been the subject of some debate. I listened to the noble Baroness, Lady Randerson, and other colleagues across the Committee speaking on this very important point. We need to make sure that we recognise the great value of the heritage vehicles sector. I look forward to hearing what the Minister has to add on this particular point.

My noble friend Lord Berkeley’s amendment speaks to other transport modes, including aviation, where progress towards cleaner technologies has been slow compared to the car market. Indeed, when the sector asked for dedicated support during the Covid-19 pandemic, the Government missed an opportunity to strike a deal with airlines and airports to improve environmental performance. The Government also have a somewhat questionable record on rail modernisation. While HS2 is going ahead, Ministers have cancelled the electrification of certain rail lines, meaning that older diesel-powered trains will continue to run.

My noble friend Lord Berkeley touched upon aviation and recognised that it is an area that we have to do a lot more about. I ask the Minister specifically about the discussion around the sustainable aviation fuel concept that the Biden Administration in America are looking at. I know that this is not the focus of these amendments, but it has been mentioned by speakers. What discussions are the Government making in this particular area?

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank the noble Lord, Lord Berkeley, for his amendments, and I thank other noble Lords who have participated in this debate. Regarding Amendments 157 and 158, I assure the noble Lord that the Government’s intention in Clause 73 is to ensure that polluting vehicles and non-road mobile machinery not meeting environmental standards will be taken off our roads and brought back into compliance. The policy was designed for motor vehicles, their components and non-road mobile machinery, and it was designed in line with the regulatory framework governing their environmental standards.

In response to the concerns of the noble Lord, Lord Lucas, and the noble Baroness, Lady Randerson, this is analogous to an equivalent power in relation to safety standards—so, yes, vehicles can be recalled by manufacturers long after they have been on the road if we find that they are not compliant with the relevant environment regulations. Specifically to the noble Baroness, Lady Randerson, this power could be used to recall vehicles that do not meet the standard that they should have met when they were originally authorised for sale, not standards that have since come in. However, I shall write on the detail of what we should put in those regulations.

In response to the noble Lord, Lord Lucas, I should say that all recalls will be fully funded by the manufacturer, and there will be provision for the Government to compel the manufacturer to pay compensation to the owner. I am also pleased to confirm that train engines, as outlined in the amendment, could be recalled under the legislation as drafted without these amendments.

The noble Baroness, Lady Randerson, and others mentioned the incentive to cheat. Increasing the scope to include aircraft and ships would add significant complexity to this regime. These would also be outside the remit and expertise of the intended enforcement authority, the Driver and Vehicle Standards Agency, and would not be within the scope of the Bill nor necessary to achieve the wider policy aims. I reassure noble Lords that there are already robust systems in place to ensure that aircraft and ships comply with environmental standards. Compliance for marine engines already exists through our enforcement of requirements under the International Convention for the Prevention of Pollution from Ships. Civil aircraft are required to meet the environmental certification standards of the International Civil Aviation Organization before they are allowed to operate. I agree with the noble Lord, Lord Berkeley, that biomass may not be the way forward to fuelling aircraft but, as the noble Lord, Lord Khan, said, we must encourage research into alternative fuels.

The noble Lord, Lord Lucas, brought up something that is really rather out of scope of the Bill—cement. It is indeed a heavy carbon emitter, but I am aware of really innovative and attractive solutions being worked up in the private sector that could in time transform heavily carbon-emitting cement.

I move on to Amendment 159. The legislation specifically enables the Government to recall the engine of non-road mobile machinery if it is found not to comply with environmental standards. Again, I want to be clear for the noble Lord, Lord Berkeley, that his amendment would fall within the definition of non-road mobile machinery, termed “machinery that is transportable” in the Bill, and would already be subject to the proposed recall regime. I thank the noble Lord for his contributions, and I agree with him that it is important to ensure that all vehicles are properly regulated, especially in relation to emissions in air quality. I hope that I have provided reassurance that this is the case such that he will not press his amendments.

I turn to Amendment 279 from the noble Lord, Lord Faulkner. The Government understand the important contribution that the heritage sector makes to our national culture, and I appreciate the concerns raised by the noble Lord and others who have participated in this debate. I can confirm for noble Lords that heritage vehicles are not within the scope of the legislation, and that includes trains and boats. As for historic buildings, I confirm that local authorities, when declaring a smoke control area under Section 18 of the Clean Air Act 1993, have the power to exempt specific buildings or classes of buildings under Section 18(2)(c) of that Act. They could exempt specific historic houses or historic houses in general from the requirements applying to the smoke control area. The Bill will not impinge on that ability. We listened to the concerns raised by the heritage bodies during consultation on the measures, as well as engaging with the inquiries of the All-Party Parliamentary Group on Heritage Rail. I can confirm that there will be no direct impact on the heritage steam sector as a result of this Bill. The Government do not intend to bring forward policy that would have a direct impact on it.

I reiterate that I understand the concerns raised by the noble Lord. I thank him for the recent discussion that he and others, including my noble friend Lord Forsyth, had with my noble friend the Minister on this issue. The Minister and his officials are happy to continue to engage with him as guidance is developed. I hope that the assurances that I have set out at the Dispatch Box are persuasive and that I am able to reassure noble Lords about the Government’s view about the importance of the heritage sector and that nothing in this Bill will impact on it. I hope that the noble Lord withdraws his amendment.

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[Lord Khan of Burnley (Lab)]

My Lords, I speak to Amendments 160A, 160B and 160C in the name of the noble Lord, Lord Cameron of Dillington. This is the first of a number of debates on water. While they cover different aspects, they are all important and we hope that the Minister will have detailed responses to the questions asked this evening. This set of amendments in the name of the noble Lord, Lord Cameron of Dillington, is relatively straightforward but could have a significant impact on the success of the various plans envisaged under this chapter of the Bill.

Consultation is an area that has been raised repeatedly thus far, with many colleagues feeling that the requirements throughout the Bill—whether on targets, environmental improvement plans, waste or water—are insufficient. The Minister may well say that water companies are already subject to a variety of requirements around consultation and community engagement, but current arrangements clearly are not working. Environmental performance is not good enough, and neither is customer satisfaction.

I totally agree with what the noble Lord, Lord Oates, said about tightening the language. As the noble Lord, Lord Blencathra, said and the noble Baroness, Lady McIntosh of Pickering, later agreed, nature-based solutions will play a big part. I totally agree that “opportunity” is vague. We need to have stronger and more definitive language to ensure that the process of consultation and working with stakeholders in relation to this landmark Bill does not end up being a process of post hoc rationalisation of predetermined decisions.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I start by thanking the noble Lord, Lord Cameron of Dillington, for tabling these amendments. Before I turn to them, the noble Lord made a point about the use of “may” versus “must” in legislation, which I hope is helpful to touch on in a general sense before I go into the specific use of “may” in relation to his amendment. The Environment Bill, as with other primary legislation, provides powers for the Secretary of State to make some regulations by using the word “may” and others using the word “must”. I assure the noble Lord that where we have used “may”, it is because we want to regulate effectively, allowing for effective consultation and proper consideration. The term “must” is used to impose a statutory duty to take a specified action—for example, to make regulations—as soon as it can reasonably be achieved; the term “may” provides a power to take that action while preserving some flexibility to make regulations as and when appropriate.

On Amendment 160A and the specific use of “may” here, the Government understand that water undertakers need certainty about the requirements for fulfilling their duties when preparing water resource management plans, drought plans and joint proposals. However, when exercising these powers, Ministers will need flexibility to be mindful of when to introduce new water planning requirements. This is to avoid causing unnecessary impacts on the preparation of water companies’ plans, which are revised every five years and prepared by water companies at different times within their own five-year cycle.

On Amendments 160B and 160C, the Government recognise that planning for water resources is strengthened by the involvement of a range of stakeholders. It is the Government’s intention that these stakeholders are involved in the preparation and delivery of these plans in England. Clause 77, as drafted, enables Ministers to set out in regulations who should be consulted. Under existing powers, Ministers have set out a long list of relevant consultees in the Water Resources Management Plan Regulations 2007 and the Drought Plan Regulations 2005. The clause as drafted will enable the Government to set out in regulations all existing statutory consultees—including, for example, water companies, the Environment Agency and Ofwat—as well as a range of other stakeholders to be consulted. Therefore, I am pleased to confirm that the intent of the noble Lord’s amendment is already delivered by the clause as drafted.

A number of noble Lords, including the noble Lords, Lord Khan and Lord Cameron of Dillington, mentioned reservoirs. These measures will support ongoing work to improve regional water resources planning, as set out in the Environment Agency’s national framework for water resources. They will help to improve the assessment and selection of water resources, such as water transfers or shared new reservoirs, which will provide shared benefits.

I thank all noble Lords for their contributions and hope that I have provided enough reassurance for the noble Lord to withdraw his amendment.