Environmental Protection

Debate between Mary Creagh and James Naish

Monday 6th July 2026 Commons Chamber

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

I beg to move,

That the draft Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026, which were laid before this House on 20 May, be approved.

It is a pleasure to be here on this hot and sultry evening. Despite our late nights or early mornings—whatever we decided to do in order to get over the football—I hope I can entertain the House with this vital piece of new legislation. I would like to acknowledge the important work of the Secondary Legislation Scrutiny Committee in its review of this statutory instrument. Its scrutiny is a vital part of our legislative process, ensuring that the policy intentions behind our secondary legislation are clear and well founded.

As Members across the House will know from their inboxes and will have seen for themselves, waste crime blights our constituencies. Criminals who dump waste illegally in our streets, our fields and our woodlands show contempt for our communities and for us, creating eyesores that damage our environment. Under the Control of Pollution (Amendment) Act 1989, a light-touch registration system was set up for those who transport and deal in waste. It has remained pretty much untouched since then. As a result, it has been exploited by waste criminals, leaving the public with a huge clean-up bill. Enforcement, sadly, is only reactive. The system is not fit for purpose, with anyone or anything—a dead dog called Oscar, a fish, or even a cow called Beau Vine—being able to register on the system. That stops today.

This Labour Government are scrapping the broken waste system that the Conservatives left behind. Today we are introducing stricter checks and requirements, closing the loopholes long exploited by illegal operators, and the objective of this Government’s waste crime action plan, published in March, is to stop waste crime at its source and to bring pride back to our communities. We are cracking down on the waste criminals, dragging the regime into the modern age and improving waste traceability.

These regulations bring those in England who control and transport waste within the scope of the Environmental Permitting (England and Wales) Regulations 2016. They repeal the current carriers, brokers and dealers registration, which is now over: finished, kaput, no more. These regulations introduce tougher checks for waste controllers and transporters. Permitting will now be required for those who control and transport waste, bringing the system in line with site-based waste activities. Those who apply for permits will undergo strict background checks, including tax checks, identity checks and criminal records checks. They will need to demonstrate that they are technically competent to do the job.

The Environment Agency will be responsible for managing applications for, and ensuring compliance with, this new permitting system. The fees introduced for permits will also mean that the Environment Agency will be effectively resourced for its compliance work.

[James Naish (Rushcliffe) (Lab)]

My constituents in Rushcliffe have experienced the consequences of waste crime very recently. In April, there was a fire at the Hathernware industrial estate, eight years after a previous fire. This particular fire raged for seven days and caused significant health impacts for the local community. Will my hon. Friend go further and think about how the different agencies with responsibility for waste should be working more effectively together? Although the Environment Agency was involved with this incident, it also thought responsibility lay with the county council and other agencies. I think they all need to come together so that there is proper accountability.

[Mary Creagh]

My hon. Friend is absolutely right. We inherited a bit of a “pass the parcel” system: “Who is the landowner? Who is the local authority? What is the size of the dump? Is it permitted or not?” That means that waste criminals can fall between the cracks and that there is effectively impunity. We have introduced a digital waste system, but under the current system, enforcement can only be reactive, not proactive. For that reason, we are introducing identity checks, to find out the answers to questions like, “Does this person actually exist, or is it a dog or a cow?”, “Do they have a criminal record?” and “Are they fit and competent to manage the waste?” All those things matter. As my hon. Friend described, we are talking about dangerous materials. We do not want to see them piled high and not moved on, and then, sadly, a fire coming along—whether deliberate or accidental. In all these environmental crimes, including dumping and burning, the profits are privatised, but the costs, and the social and environmental consequences, are socialised.

--- Later in debate ---

[Mary Creagh]

The right hon. Gentleman tempts me, but it is a bit too early to say. These prosecutions often take a long time to piece together. We have all seen the pattern where a company goes bust, owing HMRC a vast amount of money—sometimes in the tens of millions of pounds. I do not want to get into saying, “One, three, five or seven,” and setting out those targets; I do not think we are at a stage to talk about that.

However, I can reassure the House that my risk appetite for not granting permits to people who may be questionable is very high, and I am very happy to be taken to court by people who think they may have unjustly been denied a waste permit. So far, there have been no cases against us or the Environment Agency for refusing a licence.

We are tightening up all the way along the system, but I do not want to get into metrics. We know the sites where we have problems and we see new ones appearing, and the thing is to stop the proliferation of those sites, many of which are simply illegal and are not permitted in any way, shape or form. That is where our difficulty comes in.

[James Naish]

I want to go back to the case that I mentioned earlier. For the Minister’s reference, there will be a two-and-a-half-month delay between the Environment Agency wanting to take action and managing to get the court order that will prevent the individual from getting access to the site, where there has been a second illegal fire within eight years. May I put on the Minister’s radar the importance of sorting out the courts so that immediate action can be taken when problems are identified?

[Mary Creagh]

I am responsible for many things, from forests and international biodiversity to peat and trees; I am afraid the courts are slightly outwith my jurisdiction, but I will pass that point on. We are working with our colleagues on issues around sentencing.

On the metrics, the right hon. Member for North East Cambridgeshire (Steve Barclay) knows, as a former Environment Secretary, that we have a risk-based, intelligence-led approach that directs the greatest effort towards the highest harm illegal operators. By strengthening the regulatory framework and their abilities, alongside these reforms, we are providing those in the joint unit for waste crime, who are responsible for tackling it, with the tools that they need to stamp it out.

I was very disappointed to read The Times’s leader today on fly-tipping; I thought it was a little unfair. This Government have doubled the Environmental Agency’s waste crime enforcement budget by committing an additional £45 million over the next three financial years. I believe the budget in 2024-25 was £10 million. We have added £5 million on this year, and then we will add an extra £15 million. Essentially doubling that budget means more boots on the ground and more drones in the air to expand enforcement activities and track down waste criminals. Since March, I believe we have had 18 waste crime prosecutions.

I acknowledge the strength of support in the legitimate waste industry for this reform, and its patience over the years as that reform has been developed under the watch of the right hon. Member for North East Cambridgeshire and others. These regulations are a significant change. They level the playing field for all operators and will protect communities and the environment from waste criminals. As I said, this is a really important part of our plan to stop waste crime.

These regulations also bring the Environment Act 2021 within the scope of the primary authority scheme by adding it to schedule 3 to the Regulatory Enforcement and Sanctions Act 2008. For those unfamiliar with it, the primary authority scheme allows businesses with operations in more than one area to work with a single local authority that provides consistent, tailored advice on meeting their legal obligations, which can cover areas such as environmental health, trading standards and fire safety.

Extending the scheme to include the Environment Act is important, because it will enable primary authorities to support retailers in understanding and meeting their responsibilities under the forthcoming deposit return scheme, which launches next year. That will help to ensure a more consistent and effective approach across the country. I recommend this statutory instrument to the House.