Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020

Lord Mann Excerpts

Wednesday 9th December 2020 Grand Committee

[Lord Mann (Non-Afl)]

My Lords, I shall restrict my comments to the changes in the waste and environmental permitting regulations. I have questions for the Minister relating to assurances—even guarantees—on crossover and legacy issues.

I have spent a disproportionate amount of my life over the past five years dealing with orphan waste sites and the inability of the British state at every level to get on top of the problem. It is a nationwide problem. It manifests in public when orphan waste sites are set alight, with spectacular fires and consequential dangerous pollution leading to the evacuation of commercial and domestic premises for rational safety purposes. I have looked at this issue in detail; there is nobody at any level in the Environment Agency whom I have not had visit at least one orphan waste site, including one that I am very familiar with and live not too far from.

I note that, in most parts of the country, five authorities are responsible: district councils, county councils, the Environment Agency, HMRC—because of the landfill tax—and the Crown Estate, which, if a site is orphaned, then owns it. That is five arms of governance dealing with one problem.

The problem is not straightforward to deal with but straightforward to understand. Hazardous waste is moved around sites, usually at night. The sites are permitted but no one is sure what exactly is on them. When the authorities catch up with it, the hazardous waste moves to another site; or, when it reaches the culmination of the cycle of illegal movement, the owners of the site—the permit holders—disappear. They vanish. The site becomes orphaned and, by law, ends up in the ownership of the Crown Estate, which sees it not as an asset but as a liability and waits on others to find a way to sort out its liability.

The waste therefore remains with no one agency able to have total power of responsibility for removing it; it is a shared responsibility. If two-tier authorities, with district councils and county councils plus the Environment Agency, manage to negotiate with HMRC an important agreement that landfill tax could be removed—that is 85% of the cost of the removal of hazardous waste—that itself does not bring a site back into productive use for waste or other purposes.

At some stage, the Minister needs to crack this problem. Perhaps he could crack a few heads together and simplify the system, for better or for worse, and ensure a clear designation of ownership of the problem. There will never be a resolution with it split between five arms of the state. The roundabout will carry on going on.

Specifically and importantly on the regulations before us, and this is a key reason for my speaking, I have noted how the law has been carefully manipulated over the past few years in many parts of the country to avoid problems and to allow re-permitting. Are there any legacy or crossover issues in relation to this change that would allow an operator to have ongoing investigations ignored when it comes to application of the new legislation, which itself might be a rationale given to allow re-permitting, and therefore the continuation of the cycle, even of the same operators whose practices have appeared incredibly dubious in the past but were not criminally prosecuted? How will those legacy crossover issues be dealt with? Are they an issue? If they are not, that would be reassuring to know, because many investigations go back many years—I could cite some that go back more than two decades in terms of the evidence base required. Is there any risk therefore in this change of unforeseen circumstances that could give the illegal or inappropriate operator powers that the Government would not wish them to have?