Environment Bill

Lord Khan of Burnley Excerpts

Wednesday 8th September 2021 Lords Chamber

A great deal of plastic, as anybody who has visited a farm nowadays will see, is used to preserve feedstuffs for animals. We have great quantities of, very often, black plastic. There is a recycling route for it but, of course, there are great difficulties with contamination. These are things that will gradually need to be overcome.

[Lord Khan of Burnley (Lab)]

My Lords, I will speak to all the amendments in the name of the noble Baroness, Lady Bakewell of Hardington Mandeville, who has very passionately illustrated the scale of the problem and the urgent need to address it, both in Committee and today. Fly-tipping not only affects the hard work of our farmers in producing food and caring for the environment but takes a huge toll on farming families, both emotionally and financially.

As I have said, any type of fly-tipping is unacceptable, and it is key to prosecute fly-tippers and recover the clearance costs where possible. We also need to ensure that councils provide advice and guidance on measures that can be taken to prevent further fly-tipping. Those who produce pollution should bear the costs of managing it and preventing damage to human health or the environment. The polluter pays principle is part of a set of broader principles to guide sustainable development worldwide. This principle should extend to farming.

We are disappointed that the Government have not taken the initiative to fix this and respond to these amendments in a clear and direct manner. I remind the Minister that new data from the Environment Agency shows that farmers are the group most affected by large-scale, illegally dumped rubbish. The NFU’s recent rural crime survey revealed that fly-tipping was the most prolific crime experienced by its members, with 48% of those surveyed saying that they had experienced it in 2020. The noble Duke, the Duke of Montrose, reminded us of that point in relation to the concerns of the NFU. The noble Baroness, Lady Jones of Moulsecoomb, also mentioned it.

Nearly 50,000 people have signed an open letter demanding immediate action to tackle fly-tipping in the countryside, following a surge in waste crime during the Covid-19 lockdown. In an Oral Question on fly-tipping in the House of Lords on 23 June this year, I was very reassured to hear the Minister talk about launching the Joint Unit for Waste Crime. How has this worked out in terms of enforcement, specifically in relation to fly-tipping in rural communities? I look forward to hearing the Minister’s response to the amendments. How will she reassure farmers who are calling for urgent action on the fly-tipping crisis in rural communities?

[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank all noble Lords for their contributions to this important debate and the noble Baroness, Lady Bakewell of Hardington Mandeville, for her amendments. I can only apologise that no meeting has taken place between her and the Minister; we have had a lot of meetings over the summer break, and it is a bit of a mystery to us as to why we have not followed up on this. We will investigate and a meeting will be expedited.

I begin by emphasising our commitment to tackling the crime of fly-tipping. We appreciate the difficulty and cost that fly-tipping poses to landowners. We expect all local authorities to exercise their power to investigate fly-tipping incidents on private land, prosecuting the fly-tippers and recovering clearance costs where possible.

Regarding Amendment 39, landowners are already permitted to install CCTV on their land. I am grateful to my noble friend the Duke of Montrose for his contribution. Defra chairs the National Fly-tipping Prevention Group, which has published advice for private landowners on dealing with fly-tipping. To reassure my noble friend, the NFU works very closely with Defra in this endeavour. It actually recommends that landowners consider installing CCTV to protect their property. Subject to data protection laws, landowners may also provide footage to law enforcement authorities to support prosecution cases.

The Environment Bill will give enforcing authorities more powers to tackle fly-tipping and other waste crime, including so-called Facebook fly-tippers operating from their homes. It also grants regulators additional charging powers that will enable them to raise extra funding to tackle waste crime and poor performance in the waste industry.

Turning to Amendments 33 and 37, extended producer responsibility clauses in the Bill already include provisions which could enable asking companies to take full responsibility for their products when they become waste, including when they have been unlawfully discarded. This can include the costs of removing littered or fly-tipped items, including from private land. Measures in the Bill on deposit return schemes will also allow the deposit management organisation to use money received under a scheme for the protection of the environment. This could include costs associated with the removal of littered or fly-tipped items. We have recently consulted on a deposit return scheme for drinks containers to help reduce littering and improve their recycling. While we are not currently considering introducing a deposit return scheme for other items, measures in the Bill will allow us to set up more deposit return schemes for other items, which could include those which are frequently tipped—for example, fridges and mattresses.

On Amendment 41, on compostable plastic, I sympathise with the concern of the noble Baroness. However, the infrastructure to process compostable plastic is not currently widespread enough to include these materials for collection with food waste. We just cannot be certain that compostable plastic can be treated at anaerobic digestion plants or composting facilities in a way that does not increase the plastic contamination in compost. However, I can confirm that the Minister would be delighted to meet representatives of one of these facilities in future. I should also reiterate that we can add compostables as a recycling stream on its own later, when we have the evidence. Evidence suggests that compostable and biodegradable plastics do not fully break down in the open environment and must be treated in industrial composting facilities to be broken down. There is also a lack of strong evidence that compostable plastics provide benefits to soils when successfully composted.

The noble Baroness, Lady Jones, is correct that at present there is no reasonable certainty over whether there are benefits to the final digestate—which I understand is a fertilizer—and compost products resulting from the inclusion of biodegradable and compostable plastic materials as feedstock. However, there are provisions in the Environment Bill to add additional waste streams, provided that they meet the conditions set out in the Bill and that we are clear on the environmental impacts. This will involve further necessary work to understand whether compostable packaging can meet the conditions set out in new subsection 45AZC(4). This must be met before further recyclable waste streams can be added for collection. We are currently analysing responses to our recycling consultation on reforms to recycling consistency, which sought views on the use of compostable caddy liners. I hope this reassures the noble Baroness of the Government’s intentions and I ask her to withdraw her amendment.