Oral Answers to Questions

Mary Creagh Excerpts

Thursday 14th November 2024 Commons Chamber

[Leigh Ingham (Stafford) (Lab)]

12. What steps his Department is taking to help tackle fly-tipping.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

May I begin by wishing His Majesty the King a very happy birthday? I am sure the sentiment is echoed on both sides of the House.

Fly-tipping has increased after years of Conservative failure, leaving a plague of dumped rubbish across our streets, parks and cities and imposing huge costs on taxpayers and businesses. This new Labour Government will end our throwaway society and stop the avalanche of rubbish filling up our streets by increasing recycling rates, reducing waste and cracking down on waste crime.

[Rachel Taylor]

In 2022-23, North Warwickshire borough council recorded 912 incidents of fly-tipping and took 172 investigation actions, yet only one fixed penalty notice was issued. This meant that farmers often picked up the cost of removing the problem, and criminal gangs were allowed to get away scot-free. Does the Minister agree that more must be done by the council to prosecute incidents of fly-tipping?

[Mary Creagh]

I can tell my hon. Friend and constituency neighbour that local authorities have the power to issue fixed penalty notices—on-the-spot fines—of up to £1,000, but one fixed penalty notice is completely inadequate given the scale of the problem she outlined. The low rates of fixed penalty notices and prosecutions mean that this is a consequence-free crime. We are on a mission to improve that, and I hope her council will work with us to improve its record.

[Sarah Coombes]

Sandwell Litter Watch does a great job of keeping our streets clean, but it and the council cannot overcome the selfish behaviour of fly-tippers, who dump rubbish all over the borough, from Yew Tree to Oldbury. Incidents of fly-tipping in Sandwell are now double the national average. Will the Minister set out further how the Government are working with councils to catch and punish these dreadful fly-tippers?

[Mary Creagh]

I pay tribute to Sandwell Litter Watch, and to Destination Barr Hill in my constituency, who get out and about every weekend to clean up other people’s mess. We will crack down on fly-tipping, establishing clean-up squads and forcing those who dump rubbish or vandalise our fields to join in the clean-up. The National Fly-Tipping Prevention Group has produced a guide on how local authorities can present robust prosecutions to support tougher sentences. The Government will also explore further options with the Ministry of Justice’s sentencing review.

[Chris Bloore]

I am afraid that I have to add to the litany of terrible statistics about fly-tipping in rural areas: there were over 1,500 incidents of rural fly-tipping in my constituency of Redditch, with only one fixed penalty notice given to an offender. Can the Minister tell us more about how she hopes to work with local authorities like mine to ensure that the people committing these crimes are brought to justice?

[Mary Creagh]

I understand that my hon. Friend’s council has just changed political colour, so I hope that the new Labour administration will take the problem a lot more seriously. I am aware that waste permit exemptions allow low-risk waste activities to be carried out under a registration scheme, and that that can be abused by criminals. Let us not be under any illusion: there is serious organised crime in this area. I am considering proposals to tighten the regime, and I am happy to speak to my hon. Friend’s council about how we tackle this together.

[Leigh Ingham]

Fly-tipping is a growing concern among residents of Stafford, Eccleshall and the villages. Many constituents are increasingly frustrated with the persistent illegal dumping of waste. Will the Minister meet me to discuss how her Department is cleaning up the mess left by the last Government and how the proposed measures will directly address fly-tipping and improve the situation for my constituents?

[Mary Creagh]

I am aware of some serious incidents in my hon. Friend’s constituency, including one where a significant amount of rubbish was fly-tipped on a driveway near a school and pupils suffered bad health impacts. I am concerned that the carrier, broker and dealer regime that the last Government left is far too weak and not fit for purpose. I am actively considering how the regime can be reviewed, and I will be happy to meet my hon. Friend to hear her input.

[Jim Shannon (Strangford) (DUP)]

It is nice to see the hon. Lady back in the House and elevated to a Government position—well done. The Northern Ireland Environment Agency has revealed that it has cleaned up some 306 illegal waste sites in the last two years, with taxpayers footing the bill of half a million pounds—equivalent to 15 nurses’ wages. What discussions has the Minister had with the Minister in the Department of Agriculture, Environment and Rural Affairs back home in Northern Ireland about the cost associated with fly-tipping?

[Mary Creagh]

I thank the hon. Gentleman for his kind remarks. I met his colleague from DAERA at an inter-ministerial group in September. I am aware of the concerns in rural areas about fly-tipping, which blights swathes of our countryside. I am working with the National Farmers Union and others through the National Fly-Tipping Prevention Group to promote good practice, including on private land. We know from the national waste crime survey that 86% of landowners and farmers have been affected by this terrible crime.

[Ann Davies (Caerfyrddin) (PC)]

3. What steps he is taking to improve food security.

--- Later in debate ---

[Tim Roca (Macclesfield) (Lab)]

Will my right hon. Friend the Secretary of State update the House on progress in creating three new national forests, and, as it is my birthday, may I extend to him an invitation to visit Macclesfield forest in my constituency?

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

I wish my hon. Friend a very happy birthday, and I join him in celebrating the 75-year anniversary of the National Parks and Access to the Countryside Act 1949. That pioneering Labour Government created groundbreaking laws so that every citizen could have access to nature’s beauty. We will protect that access, and we will set up three new national forests—and who knows where they will be?

[Rishi Sunak (Richmond and Northallerton) (Con)]

In our increasingly volatile world, I am sure the Secretary of State will agree that food security is of growing importance to our national resilience. I hope he will commit the new Government to continuing to publish the annual food security index, with the next update coming at next year’s farm to fork summit.

--- Later in debate ---

[Andrew Cooper (Mid Cheshire) (Lab)]

Chester zoo, in the constituency of my hon. Friend the Member for Chester North and Neston (Samantha Dixon), does important and nationally leading conservation work. Zoos nationwide have faced regulatory uncertainty for nearly three years because of the previous Government’s delay in publishing new zoo standards. Will my right hon. Friend the Secretary of State set out when the Department plans to publish the updated version of the standards of modern zoo practice, to drive improvements in animal welfare and provide certainty to those institutions?

[Mary Creagh]

I have visited Chester zoo and seen the wonderful work that it does in species conservation. I will endeavour to write to my hon. Friend to update him on the regulations.

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

The Government have justified their inheritance tax changes for farmers on the basis that they are concerned about people gaining short-term tax advantage by buying agricultural land. May I therefore ask whether, instead of the sweeping changes that they made, the Government considered an approach that would limit the IHT exemption to those who could demonstrate that the family farm had been in family ownership for a certain number of years? If that approach was explored, why was it not pursued? If it was not explored, why not?

Environmental Protection

Mary Creagh Excerpts

Wednesday 13th November 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

I beg to move,

That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved.

Every person in this country has the right to walk down their street without stumbling on a single-use vape that has been tossed on to the pavement. They have the right to take their children to the park without their child picking up a shiny vape that has been cast aside in the playground. No driver should fear that their car tyre will explode if they drive over a single-use vape in the road, yet I was recently sent a picture of just such a tyre explosion. What started out as a useful means to stop adults smoking has become a menace on our streets.

Almost three quarters of single-use vapes are incorrectly disposed of. Material Focus estimates that 5 million vapes are thrown away each week—equivalent to eight vapes a second, and four times as many as at this time last year. They have turned into a constant wave of waste and are wreaking havoc, and we are left to pick up the pieces. When they are littered, they introduce plastics, nicotine salts, copper, cadmium, lead and lithium-ion batteries into our environment. That harms our wildlife, our soils, our rivers and our streams. Last year, 50 tonnes of lithium—the amount needed to power 5,000 electric vehicle batteries—was discarded into our environment.

Alternatively, vapes end up being incorrectly put into black-bin household waste. At best, they either end up in landfill or are incinerated. At worst, they cause fires when they are crushed in bin lorries. That risks harm to the public, refuse workers and firefighters. In September, a fire at a waste centre in Basildon was started by a lithium-ion battery—the sort that is found in vapes. The fire spread across warehouses and set alight 15 heavy goods vehicles. People were evacuated, and the fire service was on site for 24 hours a day for almost a week.

We know that these products are designed to appeal to children. According to Action on Smoking and Health’s research, the rise in single-use vapes has happened concurrently with an increase in young people vaping. We must ban these harmful products, and I thank the hon. Member for Keighley and Ilkley (Robbie Moore) for taking steps to introduce a ban earlier this year. His was the right action, and we will not delay. Transitioning to a zero-waste economy is one of five priorities on which my Department, as part of a mission-led Government, will deliver to rebuild Britain. This ban is an important first step on that journey.

Before I turn to the details of the legislation, I thank the Secondary Legislation Scrutiny Committee for its work. Its report highlighted several points of interest, particularly the links to youth vaping, which I have mentioned, and whether we will monitor products coming to market following the implementation of the proposed ban. We will work closely with the Medicines and Healthcare products Regulatory Agency to understand the types of products coming to market, and we will continue to look at this in future.

The Committee also highlighted correspondence from Green Alliance, which supports the ban but wished for earlier implementation and sought assurance on enforcement. We want to introduce the ban as soon as possible, but we must allow a minimal but reasonable transition for businesses to run down stocks and adapt their business activities. This is why the ban will come into force on 1 June next year. Effective enforcement is crucial, and we will work closely with enforcement agencies to understand how best to support them.

Let me now turn to the details of the legislation. The ban we are introducing uses powers under the Environmental Protection Act 1990. Part 1 sets out the meaning of a single-use vape, which is a vape that is

“not refillable and not rechargeable”.

The ban applies to England only, but my excellent officials have worked closely with the devolved Governments, who are bringing an equivalent legislation. We are grateful to our colleagues in the devolved Governments for their collaboration to ensure that, from 1 June next year, there will be a UK-wide ban.

Parts 2 and 3 of the legislation introduce offences and enforcement provisions. Enforcement of the ban in England will be carried out through local authority trading standards officers, and the powers in the legislation have been developed in partnership with them. The regulations mean that illegal traders can be issued with an on-the-spot fine and that the products they are selling can be taken away. It is also possible for local authorities to reclaim the costs of investigating, and enforcing, the regulations from the rogue traders. Finally, part 4 of the legislation covers requirements for guidance and the need to review and evaluate the ban.

[Sir Christopher Chope (Christchurch) (Con)]

The Minister has talked about the environmental impact of disposable vapes, but what does she think about the environmental impact of the reusable vape devices that are being sold? The Government’s own impact assessment suggests that by the year 2034, there will be a total of 2 billion reusable vape devices being sold. What impact does she think that will have on the environment, and how will that differ from the sale of disposable vapes?

[Mary Creagh]

What we are trying to do with this ban is to get rid of the vapes that are not rechargeable and refillable. The vapes that are both refillable and rechargeable will continue to be sold as a valuable aid to help adults stop smoking. The almost toy-like vapes that we find littered in every street are the real problem, and I am sure that the hon. Gentleman’s constituency is no different from mine in that regard. I will come back to him on that. On predictions about the future, we saw yesterday in the newspapers that a pill has been developed to help smokers quit smoking, so who knows where we will be in five years’ time. We can always guarantee that the future will be different from the past.

Let me conclude by saying that vapes can help adults to quit smoking, but single-use vapes are a waste of our precious national resources. The sheer volume of them that we see on our streets and the widespread harm that they cause must be stopped, so I commend these regulations to the House.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Minister, Dr Neil Hudson.

--- Later in debate ---

[Mary Creagh]

Let me begin by saying how much I enjoyed listening to that interesting debate. I welcome the hon. Member for Epping Forest (Dr Hudson) to his place in his new role in the shadow DEFRA team. I send our good wishes to Poppy the dog, after her close encounter with a vape of a disposable kind. I hope that this legislation avoids such encounters in future. I thank the hon. Member for Eastleigh (Liz Jarvis) for her generous speech in support of this measure.

I also welcome my hon. Friend the Member for South Dorset (Lloyd Hatton) to his place. There was a chuckle of recognition around the Chamber when we were taken on a ramble of his constituency, through the geological and the geographical. He mentioned the big-hearted people from his gorgeous part of the world. It was my privilege to open a section of the coastal path there in a previous role. I know that he will continue the work of Margaret Hodge in this place in his role on the Public Accounts Committee, and I am sure that his constituents are delighted to have one of their local sons representing them. I was really pleased to hear about his passion for bringing jobs and growth to his area.

Let me address some of the issues raised. I pay tribute to the hon. Member for Sleaford and North Hykeham (Dr Johnson). As a paediatrician, she is uniquely placed to warn of the dangers of these products. I have not come across a SpongeBob SquarePants vape yet, but who knows what the future holds. I was very distressed to hear of the incident at her local school, where eight children collapsed—I wish those young people and their families well—but it is a striking reminder of the dangers posed particularly by illegal products, as mentioned by the hon. Member for Christchurch (Sir Christopher Chope).

Let me talk a little about recycling and producer responsibility for paying the costs. We know that there is no such place as “away”. These products cannot be put into local rivers; they will always turn up. They will always bleed into the environment, and everything that we do to the environment we eventually do to ourselves. It is important that those responsible for putting vapes on the market are accountable for their disposal. A consultation on reforming the producer responsibility system for waste electricals was held under the previous Government at the end of 2023. We are considering the responses, but we noted near unanimous support for the proposal to create a new category of electrical equipment specifically for vapes in the Waste Electrical and Electronic Equipment Regulations 2013. That would ensure that producers of vapes are properly funding the collection and treatment of those products when they reach the end of their life. We recognise the importance of taking action to ensure that the costs of recycling these products are borne by those who make them, and we will outline our next steps on this in due course.

To answer the question raised by the hon. Member for Epping Forest on monitoring the ban and its impacts, including in devolved Governments, we will monitor the impacts of the ban, and we will share data and intelligence from Border Force, trading standards and all four nations to ensure effective implementation and that these regulations come in at the same time, so that we do not create an unfortunate internal market.

On disposal of existing stock, the six-month period is to help responsible and reputable businesses—when we regulate, we expect businesses to obey the law of the land, and assume that most people will do so. The period will help ensure that businesses do not have masses of stock to dispose of. Unsold stock will become waste electronics and should therefore be disposed of via routes that avoid the black bin.

Vapes present challenges to recycling, so we need to stem the flow by targeting those that are designed to be used only a small number of times. Reusable vapes are part of a wider shift to the circular economy. I have some sympathy with the hon. Member for Christchurch on the issue of reusable, refillable—and reusable and refillable. We are trying our best not to create loopholes for creative businesses to get around. We have seen more reusable products coming on to the market in anticipation of the ban. We will promote the ban to improve awareness both for the public and retailers. We encourage shops to stop purchasing single-use vapes and to run down their current stocks. We are seeing more vape bins in supermarkets, high street retailers and garages following the changes to take-back requirements that were brought in earlier this year. That will support people to dispose of vaping products responsibly, keeping them off the streets and out of the bins.

The regulations will be subject to regular reviews, which are set out in legislation. We will have a review of enforcement and civil sanctions within three years, and a post-implementation review at least every five years. We are currently collecting baseline data on the wholesalers and retailers of single-use vapes in England to support future assessments. The Department of Health and Social Care monitors current rates of smoking and vaping through various surveys, including the periodic “Smoking, Drinking and Drug Use among Young People” survey and the Action on Smoking and Health annual surveys. We will use both to monitor the impacts on people.

On imports, if vapes are discovered at ports then Border Force can retain the products and alert the local authority’s trading standards officers. If there is evidence that greater intervention is needed at the borders, we will not hesitate to act.

[Sir Christopher Chope]

Does the Minister not share my concern? I understand that only one in 3,000 containers coming into a port like Southampton are inspected. It only needs one container to get through and there might be tens of millions of pounds-worth of vapes in one container.

[Mary Creagh]

I thank the hon. Gentleman for that intervention. A lot of public services have been run down over the past 14 years. In the Budget, there was an investment of £75 million in border security command to crack down on organised crime. Gangs often operate in multiple sectors of the economy. We need time for this new approach to intelligence gathering and sharing to bed in.

[Dr Caroline Johnson]

Will the Minister give way?

[Mary Creagh]

Can I make some progress? I am just conscious of time. I am very happy to take interventions towards the end, because I might have answered any questions in advance.

Single-use vapes are one form of illicit vapes. The Government are planning to introduce other pieces of vape legislation under the Tobacco and Vapes Bill, as well as the vaping product duty, as part of a cross-Government approach, so we will look at these things in future and focus on intelligence sharing between Border Force, His Majesty’s Revenue and Customs and trading standards.

Enforcement is critical to effectiveness. We will work closely with the DHSC and the relevant enforcement bodies, but I do take on board what the hon. Member for Christchurch said about size and number of vapes. I picked up an illegal vape on the street outside my home. It was rechargeable but not refillable, and had too many puffs in it to be legal. For those of us who are not vapers, it is a whole world of complexity. I am certainly on a steep learning curve.

The legislation has been drafted to address fears that manufacturers could circumvent the ban, for example by adding a USB port to the end of a single-use device and calling it reusable, but a manufacturer who adheres to these regulations will have produced a reusable vape. That requires batteries that can be recharged, a tank that can be refilled or pods that can be replaced, and a coil—the part of the vape that burns out with use—that can also be replaced. In that respect, we are going further than other countries such as France and Belgium.

My hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) expressed concern about the health impacts. We know that tobacco is a harmful product and is responsible for one in four of all cancer deaths, killing up to two thirds of its long-term users. The Government are creating the first smokefree generation, so that children turning 15 this year, or younger, can never be legally sold tobacco, while not preventing anyone who currently smokes legally from being able to do so. The ban applies not to all vapes, but just to those that harm the environment. There will still be easy-to-use products on the market to help adults stop smoking. The hon. Member for Christchurch mentioned 29% of users reverting to smoking following the ban, but it is incorrect to suggest that it will cause a surge in smoking rates. As stated in the assessment, we expect most single-use vape users to stop smoking or to switch to reusable vapes or non-vape products, including nicotine replacement therapies such as nicotine patches and gum.

The Tobacco and Vapes Bill, recently introduced by the Government, takes strong action to strengthen enforcement on illegal vapes, including new fixed-penalty notices and new licensing and registration powers, which will act as a deterrent and empower trading standards to act more quickly against illegitimate producers and retailers. In the first instance, a £200 fixed penalty notice will be issued, and alongside that a stop notice may be issued ordering the business or individual to cease the illegal activity. If it is not complied with, an individual will be guilty of an offence and liable for an unlimited fine, or imprisonment of up to six months. The Budget provides for a £70 million investment in local authority-led stop smoking services, so I hope that the Swap to Stop scheme will continue to help adult smokers to ditch their cigarettes for a free vape starter kit.

[Dr Johnson]

The impact assessment has been referred to repeatedly during the debate. I understand that it refers to this piece of legislation only, and not to the wider impact of other measures that the Government have proposed, or that have not completed their parliamentary process. Is that correct? Will an assessment of the effects not need to be done in the round, rather than applying to a specific piece of legislation that is only part of a wider plan to tackle youth vaping?

[Mary Creagh]

My understanding is that the assessment relates to this piece of legislation—I see my officials nodding vigorously in the Box—but if there are any further questions that the hon. Lady would like to ask me following the debate, I shall be only too happy to respond to her in person.

I hope that I have covered most of the comments and questions from colleagues. We are banning a product that is designed almost as a toy, a pocket-money product at pocket-money prices that is intended to appeal to those under 18. This legislation is needed to stop the continued misuse of critical resources and harm to our environment, as well as to support wider measures across government to tackle the increase in youth vaping, and is widely backed by the vast majority of the public and our stakeholders.

I trust that Members understand and accept the need for the regulations, and I commend them to the House.

Question put and agreed to.

Resolved,

That the draft Environmental Protection (Single-use Vapes) (England) Regulations 2024, which were laid before this House on 23 October, be approved.

Business of the House (Today)

Ordered,

That, at this day’s sitting, notwithstanding the provisions of Standing Order No. 16(1) (Proceedings under an Act or on European Union documents), proceedings on the Motions in the name of Secretary Jonathan Reynolds relating to Export and Investment Guarantees shall be brought to a conclusion not later than 90 minutes after the commencement of proceedings on the Motion for this Order; the Speaker shall then put the Questions necessary to dispose of proceedings on those Motions; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Lucy Powell.)

Peak Forest and Macclesfield Canals

Mary Creagh Excerpts

Wednesday 6th November 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

What a pleasure it is to serve under your chairmanship, Mr Dowd. I begin by congratulating the hon. Member for Hazel Grove (Lisa Smart) both on her election and on securing this important debate. Similarly, I congratulate my hon. Friend the Member for Macclesfield (Tim Roca) on his election and on his excellent participation today.

We have heard a lot this morning—both hon. Members articulated it so eloquently—about the many benefits that the two beloved canals bring to so many people in Hazel Grove and Macclesfield. I was particularly interested to hear about the work done by CRT with the New Horizons canal boat, widening access to the canal, importantly, for children who are landlocked in the centre of the country and might not have had much access to the water. That is bringing water closer to the people.

As I was listening to the hon. Member for Hazel Grove, I was thinking about how our canals helped build our country and how our mills helped clothe not just our country, but the world. They are a vital part of our industrial heritage. I had a wry smile when she spoke about lock gates and the flight locks, because the last remaining lock gate maker is in Stanley in Wakefield, my former constituency. They are a very precise piece of manufacturing and an incredibly difficult thing to engineer. When the hon. Lady was bidding for world heritage status for the lock flight, which I am sure is an incredible piece of engineering and which I hope to visit one day, I was thinking about the canal at Marsden by Huddersfield near my old constituency. That canal has what was the longest, deepest and highest canal tunnel in the world, a real feat of pre-Victorian engineering, starting on one side of the hill and going through to the other with fingers crossed that everyone would meet in the middle, which thankfully they did.

Our canals and inland waterways are a real asset to our country. They are important for heritage and provide many public benefits. People live on them, love being by them and use them for leisure, recreation and, as the hon. Lady said, to cycle to work. They are an important part of our natural environment, providing green corridors along which nature can flourish. I know that she has kingfishers on her canal, a rare and vanishing species in our country. Canals and inland waterways also contribute to the growth of local economies through domestic tourism, about which we have heard a great deal this morning.

In my constituency is the Oxford canal, which runs through the north of Coventry. It fed and took the silks away from the old Cash’s factory, which then became the factory for Courtaulds, which invented rayon— the rest is history, as they say. As well as being really popular for walkers, joggers and cyclists, it is a nationally important site for river voles—Ratty, for those of us who loved reading “The Wind in the Willows” to our children. I feel proud that we have a nationally important site for river voles in my bit of Coventry. It is very incongruous: if you saw the site, Mr Dowd, you would not think it was a little haven for nature. Canals provide really important biodiversity corridors.

We have two navigation authorities, the Canal and River Trust and the Environment Agency. The CRT reports that there were nearly 860 million visits to its canals last year, many of which were repeat visits, with around 10 million individual users each fortnight. That gives a real sense of the scale of the popularity of our canals. Our navigation authorities have a vital role to play in the future. They must help to ensure that this part of our nation’s key infrastructure is resilient to climate change, and they will help to meet net zero targets through sustainable transport and energy generation and contribute to water security through flood mitigation measures and water transfers.

The trust is a charity independent of Government, and Ministers do not have a role in its management or operational decisions. Because it is a private sector organisation, it is free to set its fees and charges accordingly. However, we expect it to engage constructively with the boating community and take account of issues of concern it raises, such as those that my hon. Friend the Member for Macclesfield mentioned.

On the funding of the Peak Forest and Macclesfield canals, about which we have heard much today, it is the Canal and River Trust that manages the canals, as the hon. Member for Hazel Grove observed. It was set up in 2012 as a charity independent of Government to replace the publicly owned British Waterways. It owns and manages a network of 2,000 miles of canals and rivers in England and Wales, including the two that are the subject of our debate. The trust is free of public sector financing constraints, so it can source alternative revenue streams, including charitable donations and legacies, charity tax relief and third-party project funding, and it can borrow on the financial markets.

The Canal and River Trust is also endowed by the Government with a significant property and investment portfolio from British Waterways, which is now worth around £1 billion as a result of the trust’s sound management, on which I congratulate it. To provide support and certainty for the trust, a 15-year grant totalling around £740 million was provided when the trust was set up. The grant was inflation-adjusted in the first 10 years and then fixed in the final five years. It is now set at £52.6 million a year until the grant ends in 2027, representing about a quarter of the trust’s annual income. Returns from the investment portfolio provide another quarter of the annual income, which means that the trust now successfully raises half its annual income from other sources.

An important part of the transfer from British Waterways was an agreed objective that the trust would move progressively towards greater financial self-sufficiency and reduced reliance on public funding. With a reported increase of £12 million in total income last year over the previous year, the trust is already making good progress towards that objective.

A review of the current grant funding concluded that the trust was performing well and delivering value for money, and, as the Department for Environment, Food and Rural Affairs confirmed directly to the trust this summer, a further substantial grant funding package of £401 million will be provided by the Government over 10 years from 2027. Given the tough fiscal climate in which all Government spending is being closely scrutinised, and the financial black hole in which we were left by the previous Government, as my hon. Friend the Member for Macclesfield said, the new funding is a clear sign of the importance that this Government place on our inland waterways.

With all the benefits of canals that I outlined, the Government are supportive of canal restoration generally to bring those benefits to even more people. Bringing canals back into active use contributes to the regeneration of areas that have been in decline. We have seen that in urban settings and in more rural areas, where there has been growth in local economies through increased tourism. However, although we are sympathetic towards the many restoration projects under way around the country, no general Government funding is available for canals. I pay tribute to the local volunteers who come out on a Sunday morning, do the litter picks and help with the restoration, because their commitment and general surveillance of canals is an important part of making them a safe space for everyone. The navigation authorities, local authorities and canal societies, such as the one mentioned by the hon. Member for Hazel Grove, can work well together to preserve the canals for which they are responsible, including through fundraising and on restoration and maintenance work. Successive Governments have encouraged greater local community involvement in their waterways in that way.

I hope I have reassured hon. Members that the Government very much value our inland waterways and the many, varied benefits that this blue and green infrastructure brings to so many people up and down the country. We have demonstrated our commitment to ensuring that this fantastic national asset is able to thrive by providing both the trust and the Environment Agency with substantial funding over the years and into the future with a further significant new 10-year grant funding settlement for the trust.

Question put and agreed to.

Biodiversity COP16

Mary Creagh Excerpts

Wednesday 6th November 2024 Written Statements

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

The climate and nature crisis defines our times, and it is the most vulnerable who bear the brunt. Over half of global GDP is moderately or highly dependent on nature. Loss of biodiversity poses a serious risk to global food security by undermining the resilience of many agricultural systems to threats such as pests, pathogens and climate change. The Government are committed to ending poverty on a liveable planet.

The UN biodiversity summit—CBD COP16—held in Colombia closed on the morning of Saturday 2 November. The UK Government took a leading role in driving forward key elements of work necessary to mobilise more international finance for nature and deliver on our mission to halt and reverse nature loss. The Secretary of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for Streatham and Croydon North (Steve Reed), and I led the UK delegation.

The conclusion of complex negotiations on digital sequence information (DSI) means that businesses have the option of voluntarily contributing to a new fund—known as the Cali fund—if they use this genetic information from nature. DNA that has been sequenced from the natural world is available online for use in research. This research can be applied to important work across agriculture, conservation, medicine and public health. This fund will then support further use of DSI and the conservation and sustainable use of nature, with a significant proportion flowing to indigenous people and local communities.

Progress was made on several fronts, including the UK launching the biodiversity finance trends dashboard to increase transparency and demonstrate that nature finance flows are increasing. The Government welcomed the launch of the framework for high integrity biodiversity credits markets, developed by the Independent Advisory Panel on Biodiversity Credits (IAPB), which was sponsored by the UK and France. Alongside the framework, the IAPB also showcased in Cali a suite of pilot projects as a meaningful way of illustrating the current state of the market and its development prospects.

At the conference, the Secretary of State set out new criteria to meet our “30 by 30” targets, which commit to the protection of 30% of land and ocean by 2030. A newly published update outlined criteria for eligible land in England and laid out next steps to achieve this milestone, which is essential for nature conservation and biodiversity.

The UK was pleased that a new permanent body for indigenous peoples and local communities was created at COP16 to increase their formal decision-making power, given that they live on an estimated 50% of the world’s land. I launched the principles for inclusive, gender-responsive, locally-led biodiversity action, which will help focus and co-ordinate action to strengthen the gender equality and social inclusion aspects of the transformative change required to implement the Kunming- Montreal global biodiversity framework and tackle the biodiversity crisis. The Secretary of State and I made commitments to increase support to the global biodiversity framework fund and to join the legacy landscapes fund.

The UK was, however, disappointed that COP16 concluded before reaching an agreement on international strategies for mobilising nature finance. It is only through our international action and leadership that we tackle the twin threats of climate change and biodiversity loss, which threaten growth, our future prosperity and wellbeing.

[HCWS196]

Proposed Salt Marshes: Pawlett Hams

Mary Creagh Excerpts

Wednesday 9th October 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

It is an honour to serve under your chairmanship, Mr Twigg. I congratulate the hon. Member for Bridgwater (Sir Ashley Fox) on securing this debate and on his excellent representation of his constituents’ views here today. I begin by saying that this is the subject of a live planning case and I am sure that hon. Members will understand the limits on what I can say. However, I can assure hon. Members that I have listened carefully to the points raised, asked my officials some of the questions that they have asked, and have spent a considerable amount of time thinking about the issue. I hope that what I say will be useful to them and their constituents.

I will begin by setting out the facts of the case. The Conservation of Habitats and Species Regulations 2017 protects special areas of conservation and special protected areas. The regulations require an assessment of whether a plan or project could have an adverse impact on the integrity of a protected site. Any harm must be mitigated unless there are imperative reasons of overriding public interest and no alternative. In those cases, compensatory measures must be secured.

In this case, an acoustic fish deterrent was part of the approved mitigation for the impact of Hinckley Point C on the Severn estuary. Hinckley Point C has applied to remove the acoustic fish deterrent. That means that compensation may be needed for the loss of fish within the Severn estuary site. The species of concern are Atlantic cod, sea bass, whiting and herring.

In a pre-application consultation earlier this year, Hinckley proposed Pawlett Hams as a suitable compensatory salt marsh habitat. As the hon. Member for Bridgwater has said, Pawlett Hams was designated as part of the Bridgwater bay SSSI in 1989. It is particularly important for its network of freshwater ditches and their associate invertebrate communities—insects. Pawlett Hams is also part of the Severn estuary Ramsar—which is a wetland site—and special protection area, a European designation for bird sites. It has a triple protection.

In its response to the pre-application consultation, the Environment Agency was unable to agree with the suitability of the Pawlett Hams sites until further evidence and assessment has been completed. Hinckley approached the Environment Agency; to gently correct the hon. Member for Bridgwater, the Environment Agency did not suggest it. It is my understanding that the applicant makes a request to the regulator.

I understand that following the consultation, Hinkley Point C is investigating new locations for salt marsh creation as an alternative to Pawlett Hams. It is holding early conversations with stakeholders ahead of public consultation, as we have heard from colleagues today. Any additional sites being put forward are sites identified and selected by Hinkley Point C, not the Environment Agency. The Environment Agency agrees that the marine measures proposed are an appropriate option within a wider compensation package. It has not agreed on the scale of the measures to off-set the predicted adverse effects. To the question raised by the hon. Member for Wells and Mendip Hills (Tessa Munt), flood modelling and flood risk assessments would be required for identified sites.

[Tessa Munt]

As I understand it, the Environment Agency is helping the integrity of the seawall by building it up at Kingston Seymour, so it seems incredibly perverse that it might agree that that should change. Currently, it is making it better by creating more flood protection for the villagers in Kingston Seymour.

[Mary Creagh]

Let me come on to flood protection, and I will say something about salt marshes later. If the hon. Member is not satisfied with my response, then I am happy to write to the Environment Agency on her behalf.

The application for a material change is currently in the pre-application stage. That involves consultation and engagement with various bodies, including statutory consultees such as the Environment Agency and Natural England, which looks after our SSSIs. Those bodies will be able to provide valuable information on environmental impacts. That will include the sufficiency of the compensation package and its ability to compensate for the impact on protected fish species—let us not forget that this is about protecting the fish.

To comply with the pre-application consultation requirements under the Planning Act 2008, Hinkley Point C must carry out an appropriate consultation about any proposed changes. The decision relating to the project will ultimately be for the Secretary of State for Energy Security and Net Zero, my right hon. Friend the Member for Doncaster North (Ed Miliband) to make. I am confident that he will do so correctly, in line with the requirements of the Planning Act. However, in doing so, he will need to consider all relevant issues. They include whether the proposed compensation is required and if it is, whether it is proportionate to the detrimental impact on fish populations of not fitting the acoustic fish deterrent. The planning guidance is clear: Ministers and officials should approach all such decisions with an open mind, based on the evidence presented to them, objectively and without having or giving the appearance of having any predetermined views on the merits or otherwise of the case. I am sure that we are all, in this room, seasoned politicians in planning applications.

I cannot discuss the particular merits of this case, but I want to raise some broader points prompted by some of the issues, because I too have asked questions. I have heard what the hon. Members for Bridgwater and for Wells and Mendip Hills have asked and that has made clear that we must deliver our infrastructure goals in a way that is positive for our natural world and for our wider landscapes. If we are to meet our ambitious targets on nature restoration while accelerating to net zero, we will have to think carefully about how we use our land. That is why the forthcoming land use framework for England will consider cross-governmental issues, such as energy and food security, and how we can expand nature-rich habitats, such as wetlands, peat bogs and forests.

Spatial planning will play an important role in the delivery of the Government’s growth and clean energy missions, and the land use framework will work hand in hand with the strategic spatial energy plan. The Government will also explore the opportunities for spatial planning to support the delivery of other types of infrastructure. I recognise that in some cases the planning regime acts as a major brake on economic growth, which is why the Government will make the changes we need to forge ahead with new grid connections, roads, railways, reservoirs and other nationally significant infrastructure.

The proposed Planning and Infrastructure Bill will accelerate house building and infrastructure delivery and streamline the delivery process for critical infrastructure, including accelerating upgrades to the national grid and boosting renewable energy. That will benefit local communities, unlock delivery of our 2030 clean power mission and net zero obligations and ensure our domestic energy security. We will simplify the consenting process for major infrastructure projects and enable new and improved national policy statements to come forward. We will also establish a review process to provide the opportunity for them to be updated every five years, which will give increased certainty to developers and communities.

We are just as committed to protecting and restoring nature. In England, we are committed to halting the decline in species abundance by 2030 and reversing it by 2042. We are also committed to reducing the risk of species extinction and we will restore and create more than half a million hectares of wildlife-rich habitat by 2042. Delivering those targets sits at the heart of our mission to ensure nature’s recovery. We will look to reduce pressures on species and protected sites, such as pollution and climate change, and we will take action to recover specific species.

I will say a quick word about solar farms, because I know there has been a lot of talk about them, as mentioned by the hon. Member for Wells and Mendip Hills. My understanding from conversations with my biodiversity net gain team is that when we put in a solar farm on grazing land, the actual biodiversity net gain is up to 140%. I understand there are concerns about solar farms, but actually, it is an interesting way to diversify farm income while providing a boost to nature.

Salt marshes have had a bad rap in this debate. They are incredible valuable habitats. Wonderfully mysterious places on the border between land and sea, they are a liminal landscape in constant change, shifting with the tides. They are often overlooked and undervalued and, as we have heard, they can be talked down. I want to speak up for the salt marshes. They play a vital role in supporting species. For many fish, including sea bass and herring, those wetlands serve as essential nurseries—

Motion lapsed (Standing Order No. 10(6)).

Oral Answers to Questions

Mary Creagh Excerpts

Thursday 12th September 2024 Commons Chamber

[Claire Young (Thornbury and Yate) (LD)]

2. What steps his Department is taking to increase uptake of environmental land management schemes.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

I echo the good wishes of my right hon. Friend the Secretary of State to your chaplain, Mr Speaker, and to Terry, who have nourished us in mind, body and spirit.

I congratulate the hon. Lady on her election to the House. This Labour Government are fully committed to environmental land management schemes. We will optimise the schemes so that they produce the right outcomes for all farmers, including small, grassland, upland and tenant farmers who have been too often ignored, while delivering food security and nature recovery in a just and equitable way.

[Claire Young]

On a visit to a local farm this summer with the National Farmers Union, it was raised with me that some farmers are not signing up for one of the Government’s sustainable farming initiatives, because they fear being locked in when a better deal may be just around the corner. If we want farmers to farm more sustainably, we need to ensure that they are getting the support they need to do so. With that in mind, will the Minister clarify whether farmers who sign up for an SFI will be able to transition to an alternative one, and if not, whether the rules will be reviewed so that they can do so?

[Mary Creagh]

I believe a cow was very interested in the hon. Lady’s coat on one of her recent visits—I hope both the cow and the coat have recovered.

We encourage all farmers to apply for the sustainable farm initiative, and we are actively looking at how we can achieve stability going forward.

[Mr Speaker]

I call the Chair of the Environmental Audit Committee.

[Mr Toby Perkins (Chesterfield) (Lab)]

It is a great pleasure to see my hon. and right hon. Friends in their places on the Front Bench.

The environmental land management scheme approach was a really innovative idea from the previous Government, but its implementation has been a shambles and it is leaving far too many farmers desperately worried about their future. Can my hon. Friend tell me any more about what the Government have inherited and the urgent steps that they will take to support Britain’s farmers to farm in a more natural way in the future?

[Mary Creagh]

I congratulate my hon. Friend on his election to Chair of the Environmental Audit Committee—obviously the finest Committee in Parliament, of which I have very fond memories. He is right, and he will know that this Labour Government are addressing the £22 billion hole in the public finances. No decisions on the farming budget have been taken. Spending on the Department’s priorities will be confirmed as part of the spending review, but we will not be overturning the apple cart and we are fully committed to environmental land management schemes.

[Mr Speaker]

I call the Chair of the Environment, Food and Rural Affairs Committee.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Arguably, and in the view of some of us, ours is the finest Select Committee in the House.

The problems with the uptake of ELMS have been at the heart of a significant departmental underspend. No fair-minded individual would blame the current Government for that, but if that money disappears back into the Treasury, never to be seen again on farms, that blame will be attached to the current Government. In opposition, they said that any underspend should be rolled over into future years. Is that still their position in government, and how will they do it?

[Mary Creagh]

I congratulate the right hon. Gentleman on his election to the second best Committee in the House of Commons. We will have to sort that out outside.

There was about a £350 million underspend in the farm budget under the previous Government, who failed on their manifesto pledge to spend £2.4 billion a year on farmers. We are looking at everything as part of the spending review and decisions will be announced in due course.

[David Burton-Sampson (Southend West and Leigh) (Lab)]

In my constituency we are about to hold regular water quality summits, alongside my hon. Friend the Member for Southend East and Rochford (Mr Alaba), with the water company, Ofwat, the local council, the Environment Agency and, most importantly, residents, with the aim of ending the scourge of sewage dumping. Does my right hon. Friend the Secretary of State agree with me that this is a good local model and a good blueprint to be used nationally, and would he like to join us at an upcoming meeting?

[Mary Creagh]

I cannot speak for the Secretary of State, but I am sure that all Ministers will fight over any invitation to visit my hon. Friend’s gorgeous constituency. We are announcing a review into water. I urge him to participate and feed into that review. The sort of innovative model that brings partners together is certainly one we will be looking at.

[Sarah Bool (South Northamptonshire) (Con)]

3. What steps he is taking to support British food producers.

--- Later in debate ---

[Dr Neil Hudson (Epping Forest) (Con)]

T5. Animal and Plant Health Agency staff deserve our thanks for tackling a number of challenges facing our biosecurity. Given the outbreaks of bluetongue in East Anglia, the advance of African swine fever across Europe, and the existing threats posed by avian influenza and bovine tuberculosis, will the Minister support the APHA by affirming that the Government will fully commit to the redevelopment of its HQ in Weybridge—Labour rightly called for that in opposition—to protect the UK’s biosecurity, and human and animal health?

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

I welcome the hon. Gentleman to his new seat and congratulate him on winning the Royal Society for the Prevention of Cruelty to Animals’ Massingham advocacy award. The Department remains vigilant to potential global disease threats and has robust measures in place to prevent and detect disease incursion. We will be looking at funding as part of the spending review, but I pay tribute to those officials and veterinary officers who are working so hard to tackle the outbreaks that the hon. Gentleman mentioned.

[Ms Polly Billington (East Thanet) (Lab)]

T7. Margate, Broadstairs and Ramsgate are bywords for the English seaside holiday, but Thanet district council has to deal with the appalling levels of littering and fly-tipping that come with the popularity of our beautiful beaches. At the end of a hot, sunny day, 5,000 people will have descended on Margate main sands, leaving them far from beautiful. The rubbish is an environmental and health hazard. Of course, the challenge is a seasonal one. What plans do the Government have to support coastal communities in tackling this blight?

[Mary Creagh]

I welcome my hon. Friend to her place. We need to educate the public and ourselves that there is no such place as “away” and that when we bring our children and our picnics to the beach, we should consume the food and leave only footprints in the sand. I am convening a circular economy taskforce, and we will look at seasonal needs as part of that.

[Adrian Ramsay (Waveney Valley) (Green)]

T6. Any cuts to the environmental land management scheme would be a blow to farmers and to the Government’s climate and nature recovery missions. The nature-friendly farming budget needs to be not just maintained but increased. Does the Secretary of State agree with the economic assessment made by the Royal Society for the Protection of Birds, the National Trust and the Wildlife Trusts that the environmental land management budget will need to be increased to around £5.9 billion a year to meet the targets?

--- Later in debate ---

[Christine Jardine (Edinburgh West) (LD)]

Biodiversity net gain is critical to replacing the loss we are experiencing in our environment and is now mandatory in planning applications—but with exemptions. Those exemptions mean that most developers are avoiding biodiversity net gain, so what will the Government do to tighten up the exemptions and make that more difficult?

[Mary Creagh]

This is a very new policy and has only just come into force, as the hon. Lady will be aware. There are very limited exemptions in place at the moment, such as that on side returns on housing, but we are keeping the issue under active review and I am in discussions with officials about it.

[Ben Goldsborough (South Norfolk) (Lab)]

The bluetongue outbreak in Haddiscoe is seriously concerning, and it is crucial that the Animal and Plant Health Agency is provided with sufficient resources to conduct testing swiftly. Will my right hon. Friend meet me to discuss this urgent matter?

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

In Bexhill and Battle we get to enjoy the amazing High Weald area of outstanding natural beauty, but it is expansive, covering more than 1,400 sq km. What advice did the Minister’s Department give the Housing Department on taking such issues into account when centrally imposed housing targets are putting pressure on the area as a whole?

[Mary Creagh]

It is important to remember that our national landscapes are protected landscapes and that the planning authorities work appropriately on such issues. I am in discussions with officials and I am happy to write to the hon. Gentleman with a proper answer on the issue.

[Jenny Riddell-Carpenter (Suffolk Coastal) (Lab)]

In my constituency we also have confirmed cases of bluetongue, and I recently met a farmer who lost six pregnant ewes last week. Will the Minister meet me to discuss the issue and how we can support farmers in my constituency and across the east of England?

--- Later in debate ---

[Terry Jermy (South West Norfolk) (Lab)]

I am very concerned about the future of the Thetford biomass facility in my constituency. Every year, it turns half a million tonnes of poultry litter into electricity. Has the Secretary of State had meetings to discuss the potential impact of the end of the renewables obligation scheme on the disposal of poultry litter?

[Mary Creagh]

We are in the early stages of looking at how we deal with the country’s waste and considering the policies we will bring forward. This will be looked at as part of the review. We will be working with colleagues from the Department for Energy Security and Net Zero to ensure we get the right results.

[Freddie van Mierlo (Henley and Thame) (LD)]

Will the Secretary of State meet me and the Environment Agency to discuss the closure of Marsh Lock bridge on the Thames path in Henley-on-Thames?

Waste Crime: Staffordshire

Mary Creagh Excerpts

Thursday 5th September 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

It is an honour to serve under your chairmanship, Mr Vickers. I congratulate my hon. Friend the Member for Newcastle-under-Lyme (Adam Jogee) on securing this debate and on his ongoing work for his constituents. I extend my best wishes to his father and wish him a speedy recovery. I pay tribute to my hon. Friend for the work he did on this issue before coming to this place, alongside my hon. Friend the Member for Newport West and Islwyn (Ruth Jones).

Everybody’s environment starts outside their front door. We have heard today of issues outside the front doors and on the school playing fields and sports grounds of Newcastle-under-Lyme, Stoke-on-Trent and Staffordshire more widely. We have heard some powerful speeches and interventions, in particular from my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell), whom I am delighted to see back in this place.

The Government will ensure that those who illegally dump their waste are brought to justice. Waste crime and poor-performing waste sites threaten our environment and, in some cases—as my hon. Friend the Member for Newcastle-under-Lyme said—our health. The truth is that the system we inherited is broken. We have heard of the perfect storm of cuts to councils, police officers and the Environment Agency, and a system that has had no new policy for 14 years and is based on paper-based notes kept in people’s drawers. That is an anachronism in the 21st century and, as we have heard, it is being exploited by waste criminals up and down the country.

Waste crime costs this country £1 billion a year. We know that 18% of waste may be handled illegally at some point in the waste supply chain. We have to plug the gaps and fix the system—we pretty much have to rebuild it. At the end of March 2024, there were 320 known active illegal waste sites, and 141 of them are high risk.

Waste crime is hugely under-reported: only 25% is reported. The Environment Agency deals with a huge number of reports of waste—it received 9,000 in 2022—and has only 240 officials to process them. We do not need to do the maths—we have some young people in the Public Gallery, and I am sure they are better at maths than me anyway. It is impossible for the agency to follow up every single crime. We need to start tightening up the system and seeing the patterns, and we need different agencies to work together.

This situation cannot continue. In our manifesto, as part of our crackdown on antisocial behaviour, we committed to forcing fly-tippers and vandals to clean up the mess they have created. We will take our country back from the fly-tippers and waste criminals who disgrace and despoil our communities, damage our environment and undermine legitimate businesses that do the right thing, play their part and fully comply with the regulations.

My hon. Friend the Member for Newcastle-under-Lyme asked me whether the system is fit for purpose. My answer is that it is not, and we will take action at pace to tackle this. As a mission-led Government, we will achieve our aims by focusing on ambitious, measurable and long-term objectives that will provide our driving sense of purpose. We will be publishing a circular economy strategy to move us to a future in which we keep our resources in use for longer and reduce waste. That will increase investment in critical infrastructure and green jobs. Of course, waste crime, whether in Staffordshire or elsewhere, threatens that circular economy because it takes out resources and undermines businesses that are doing the right thing.

There is an important distinction to be made between waste crime, which is often associated with serious and organised crime and organised crime groups, and permitted but poorly performing waste sites, of which Walleys Quarry is the pre-eminent example in this country. The approaches to mitigating the impacts are very different. Over the past four years in Staffordshire, the Environment Agency has ensured that four illegal, high-risk fire sites have been cleared of waste—more than 40,000 tonnes of baled waste—which was sent to suitably permitted facilities, reducing the fire risk and protecting more than 12,000 properties from the impact.

I must also say something about batteries. Every supermarket has a battery collection point, but the little lithium-ion batteries are tiny, and we cannot be bothered, we do not want to collect them or we just forget to take them to the supermarket; it is very easy just to chuck them in the bin. The problem, however, is that when the waste is crushed in the machinery, the battery can spark. When thinking about such issues, it is incumbent on every single person in this room or watching at home online to ensure that we do not put our batteries into our household waste.

There is a big education piece to be done on that. I pay tribute to the councils that have taken that to heart. I was reflecting as I was listening to the speech about Stoke-on-Trent Central and what had happened there. I asked for fixed penalty notice stats from all the authorities in Staffordshire. In 2022-23, Newcastle-under-Lyme borough council issued only three fixed penalty notices for fly-tipping, with zero prosecutions, but under Stoke-on-Trent city council’s “Don’t be an IDIOT” campaign, there were 875 fixed penalty notices for fly-tipping and nine prosecutions. That probably puts that city council at the top—certainly in the top half, maybe the top 10%—among local authorities in the country. I pay tribute to the work of that Labour-led council.

[Adam Jogee]

I thank the Minister for her initial remarks in response to this debate. I echo the point she made about the leadership being shown by Stoke-on-Trent. I dearly wish that Conservative-led Newcastle borough council would follow that example of cleaning up the streets and the “IDIOT” campaign, which would give my constituents the benefits they deserve.

[Mary Creagh]

We all have a lot to learn from each other. I offer those statistics in the spirit of co-operation and encouraging good practice.

Between January 2023 and 2 August 2024, there were 21 substantiated illegal waste sites in the Staffordshire area, and all 21 of them have been stopped from operating, the vast majority within three months of being reported to the Environment Agency. Five have been fully cleaned up, while the risks posed by the remaining sites are being managed and monitored.

The Environment Agency regulates more than 10,000 waste permits, the majority of which are in the top compliance bands. However, I am aware that 3%, or about 300, of those permits attract public interest because they are not in compliance. Those disproportionately take up resource, energy and regulatory activity. I stressed to the Environment Agency officials whom I spent time with today ahead of this debate that my top priority is to take action to bring those sites back into compliance and, where necessary, to embark on criminal investigations.

Walleys Quarry, one such non-compliant site, has been a source of concern for residents over several years, as we have heard. This morning, I was informed that it is the worst-performing waste site in the country. My hon. Friend the Member for Newcastle-under-Lyme asked for a meeting with me, and I am only too happy to meet him. I shall ask Environment Agency and Department for Environment, Food and Rural Affairs officials to be in the room for that meeting, so that we can have a full discussion and get to the bottom and the heart of what is going on.

The Environment Agency has carried out significant activity since 2021—more than for any other regulated site—and a criminal investigation is also under way, about which I cannot say more for fear of prejudicing those inquiries. However, the local residents and councillors who are in the Public Gallery today have had to put up with unacceptable levels of hydrogen sulphide. Interestingly, that substance comes from the plasterboard that we all have; it happens when it is broken down and smashed up. As we try to design in a circular economy, we must think about what materials we use in our home and what happens to them, because there is no such place as “away” at their end of life. It is not acceptable for odours to reach a level that causes serious offence to local communities. I am pressing the Environment Agency to keep all regulatory options under review and look at its enforcement and sanctions policy.

[Robbie Moore]

Could the Minister pick up my specific question about the closure of the site? In his shadow role before the election, I believe the Secretary of State wanted to advocate for closure, as I do. What is the Minister’s view on that?

[Mary Creagh]

I have not had specific advice on closure. It is clear that there is a criminal investigation under way, and we have to let that take its course.

Let us look at waste crime. In recent years there has been an increase in the involvement of serious and organised criminal gangs in the waste sector. That is of the greatest concern to me; it goes back to the perfect storm of a broken waste system. The joint unit for waste crime brings together the Environment Agency, His Majesty’s Revenue and Customs—because in our experience, criminals never break the law in just one area; they always break it in several areas—the National Crime Agency, the police, waste regulators from the UK and other partners to share intelligence, and disrupt and prevent serious organised waste crime. There has been progress to target organised crime groups, and this model is respected internationally. The issue is not unique to the United Kingdom.

The unit has supported or led more than 90 operations since April 2020 and has worked with 133 partner organisations. It has had 301 days of action, which have resulted in 174 associated arrests by other agencies. The Environment Agency recently announced the formation of its national enforcement service—a new economic crime unit that targets the money and assets of waste criminals. It will target the financial motivation behind offending and use financial mechanisms to inhibit the ability of offenders, including OCGs, to operate. It has all gone a bit “Line of Duty” there; I will crack on.

I also urge members of the public: it is incumbent on every one of us to report waste crime where we see it in our communities. It is under-reported. When someone comes and says, “I can take that waste away for you for 20 quid,” it is so important that we ask to see their waste permit. When someone asks a farmer or a landowner, “Can I store these bales on your land?” and says it is just a bit of plastic or a bit of soil, I urge them to be curious: have they actually got a permit? Is it really soil or is it shredded down plastics? The money is moving from legitimate waste operators and going to these organised crime groups.

We know the impact that this issue has on people’s lives. We are determined to reform this sector. That starts with reform of the waste carrier, broker and dealer regime, which means those transporting or making decisions about waste must demonstrate that they are competent to make those decisions, face background checks when applying for permits and display permit numbers on their advertising. We will make it easier for regulators to take actions against criminals, and easier for us as householders to identify legitimate waste businesses.

The reform will remove three exemptions, which is critical because these are the highest problem areas. Those exemptions are for dismantling end of life vehicles, treating end of life tyres—again, the risk of fire is huge—and recovery of scrap metal dealers. I remember a case in my former constituency of Wakefield where a scrap metal dealer went bust owing His Majesty’s Revenue and Customs £60 million. To my grievous disappointment, not a single person was prosecuted or went to prison for essentially theft from the taxpayer. We will introduce greater record-keeping requirements for all waste exemption holders, and impose limits and controls on how exemptions can be managed on site.

To conclude, this Government are clear: we are committed to bringing waste criminals to justice. We have long-term ambitions to rebuild the waste sector and to create a circular economy, and we are committed to tackling both waste crime and, as exemplified by Walley’s Quarry, poor performance at regulated sites.

I know that the Environment Agency is committed to continuing its work with partners nationally and locally, and I thank it for working against the odds and in a very difficult funding environment over the last 14 years. The crime that we are discussing today is predominantly an urban crime and I think that under the previous Government there was a neglect of urban areas.

My hon. Friend the Member for Newcastle-under-Lyme asked for deeds not words. We will follow the principle that the polluter pays. We will find the polluters; we are coming for them and we will track them down.

[Martin Vickers (in the Chair)]

I call Adam Jogee to sum up.

Fly-tipping

Mary Creagh Excerpts

Tuesday 3rd September 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

What a pleasure it is to be back and serving under your esteemed chairmanship, Mr Efford. I thank all honourable colleagues for their kind words on my return to the House after my short enforced sabbatical.

Can I say how thrilled I am to respond to this debate? As an Environment Minister, I know that everyone’s environment starts outside their own front door. It is clear from the passion in this room that those on all sides of the House care deeply about the need to educate people on the fact that there is no such place as “away”. There is no throwing away. There are only materials that come into our possession, get used and are then disposed of, and the disposal and collection of those materials is essential if we are to create a circular economy.

I thank my hon. Friend the Member for Ealing Southall (Deirdre Costigan) for securing this debate and pay tribute to LAGER Can, who are here, and the many community groups up and down the country, including my local Ball Hill residents’ association in Coventry East, that organise litter picks and are stepping in to fill the gap left by 14 years of devastating cuts—two-thirds cuts—to local authority spending power caused by the Conservatives.

[Anna Dixon]

In my constituency of Shipley, which falls within the Bradford district, swingeing cuts to local government budgets under the previous Government have forced the council to make impossible choices, including the closure of two tips, at Sugden End and Ilkley in the shadow Minister’s constituency, used extensively by my constituents. Of course, residents fear that there will be an increase in fly-tipping, which is already a problem. Does the Minister agree that cash-strapped councils cannot be expected to solve this problem alone? Let us stop blaming them and look at what support can be given from the national Government.

[Mary Creagh]

I thank my hon. Friend for her contribution and agree that if we are to create a zero-waste economy, which is the stated aim of this Labour Government, we have to start by ensuring that we increase collection and follow the environmental principles that ensure that the polluter pays. It comes back to some of the points about full-cost recovery and the fact that it is not in the interests of councils to enforce prosecution.

The shadow Minister raised the issue of Bradford council, but I can tell him that I intend to write to all 13 councils that reported zero enforcement actions in the past reporting year. They are Bournemouth, Christchurch and Poole council, which is Lib Dem and Tory-run; Colchester, which is Tory-run; East Devon, which has no overall control; Exeter, which is Labour; Fylde, which is Tory; Isles of Scilly, which is independent; Lewes, which is Lib Dem and Tory; Sedgemoor, which is not clear; Somerset West and Taunton, which, again, was Conservative; South Hams, which is Lib Dem; South Somerset, which no longer exists—there are a few that have merged; Uttlesford; and West Devon. All those reported zero enforcement actions in the past year. That is not good enough.

Looking at the tally, I see that it is not Labour councils that are doing nothing. The shadow Minister was quick to criticise Bradford council, but 86 fixed penalty notices is actually not a bad record given where some local authorities find themselves. My hon. Friend the Member for Ealing Southall, as the former Chair of West London Waste, knows only too well about what happens at the very end of this long pipeline of waste and recycling.

I pay tribute to Members in this debate. Fly-tipping is a crime that blights local communities and, indeed, poses a great difficulty to landowners. We heard some comments about whether we can have a whole-nation policy, but this policy is devolved. As the granddaughter of a Fermanagh farmer, I know all too well about the issues of fly-tipping around Rosslea. It is a devolved matter and responsibility for addressing and managing fly-tipping lies with each devolved Administration. As we have seen through the debate, approaches to tackling fly-tipping change and need to be responsive to local needs, not least because what works in inner-city Newham will not necessarily work in Strangford.

[Shaun Davies]

Does my hon. Friend agree that we need a cross-Government approach to fly-tipping? We need the Home Office to recognise that it is often linked to organised crime, particularly in respect of the bigger fly-tips. There is a role for the Ministry of Housing, Communities and Local Government and for the Ministry of Justice. Will my hon. Friend work with her counterparts across Government to focus on this work?

[Mary Creagh]

My hon. Friend is absolutely right.

I want to correct the record on what the shadow Minister said about the waste figures, because the methodology changed in 2019-20. In that year, there were 980,000 incidents of fly-tipping. The numbers to 2022-23 increased by 10.5% to 1.08 million incidents, so the numbers and the trend lines are all going in the wrong direction.

My hon. Friend the Member for Telford (Shaun Davies) made an absolutely valid point. Far too often, when people come to collect stuff from households, we are hiring Messrs Bodgit and Scarper. We need to make sure that the carrier number is printed on the side.

On the point about the DVLA, we all have access to DVLA tax and MOT information on our phones. It cannot be beyond the wit of officials to make sure that the databases are joined up. It does introduce complexity, but we are actively looking at that.

Whether someone lives in the countryside or in a city, they should be able to take pride in their place. The story told by my hon. Friend the Member for Birmingham Erdington (Paulette Hamilton) of people climbing over rubbish to get out of their house in an emergency is simply intolerable in the sixth richest country in the world.

Local authorities have reported over 1 million incidents, and the cost to local authorities was £392 million in 2018-19. That is why our manifesto committed to taking back our streets from the fly-tippers and vandals and forcing them to clear up the mess they have created as part of a crackdown to tackle antisocial behaviour.

The National Fly-Tipping Prevention Group has produced guidance to help councils to present robust cases to court, but where the gain is not worth the candle because the fines are too low or the fly-tippers are allegedly too poor, we need to get a little cannier about what we do and how we get back to the principle of polluter pays. As the shadow Minister said, fixed penalty notices can be issued, as can notices of up to £1,000 or £600 to the householder who passes on their waste to someone without a proper licence, but we need to educate the public about their responsibilities as well.

We recognise the efforts made by the London borough of Ealing to tackle the issue. It is in the top 10% of councils for issuing fixed penalty notices and I hope it will continue to do that good work. There are lessons to be learned from throughout the country. According to our statistics, the council did not carry out any prosecutions, so we encourage it to use its powers to the full.

[Paulette Hamilton]

Will the Minister give way?

[Mary Creagh]

I really have to make progress because I will run out of time.

On the waste carrier, broker and dealer regime, who gets to carry the licences? We heard of a dead dog called Oscar signing up for a waste permitting licence. Over the last 14 years the scheme has been wide open for criminals and abuse. We need to make reforms and make it easier for regulators to enforce against non-compliant operators—for example, by requiring the permit numbers to be displayed on their advertising.

We want to make waste digital—we want to track waste and to know where it goes—and we will lay legislation next year to provide transparency in the waste system. Whether it is with councils, individuals or businesses, we must continue to work together. In rural areas, we must work with the National Farmers Union and the National Fly-Tipping Prevention Group, using toolkits and helping to spread best practice. Some 80% of farmers in rural areas have said that they have been affected by fly-tipping.

To come back to where my hon. Friend the Member for Ealing Southall finished, we have to reduce waste in the first place. There is no such place as away. We will move to a circular economy. Everything that is not put back into the system through a deposit return scheme—I hope we will see legislation on that very soon—is a waste to our economy. We will convene a taskforce of experts from industry, academia, civil society and beyond to develop a circular economy strategy.