Draft Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025

Neil Hudson Excerpts

Tuesday 9th December 2025 General Committees

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

It is a pleasure to serve under your chairmanship, Mrs Hobhouse. These draft regulations seek to lay the legislative foundation for the transfer of many of the powers currently held by the scheme administrator, PackUK, to a private producer responsibility organisation. The PRO will remain an independent body working closely with the devolved nations and the public sector.

In March 2025, Karen Graley was appointed head of the EPR PRO, bringing extensive experience from the Food and Drink Federation. I ask the Minister whether she or her colleagues have met Ms Graley to discuss the issues already identified with the scheme. I note that should the PRO fail to meet the expectations set out in its conditions of appointment, the scheme administrator, acting with the consent of the four nations, may revoke its appointment. Can the Minister reassure us that if such a step were ever required, there would be no adverse disruption to the scheme and no consequential adverse impact on businesses?

The Minister will also be aware that Wildlife and Countryside Link, the Environmental Investigation Agency and Everyday Plastic wrote jointly to the Secondary Legislation Scrutiny Committee to seek clarification from the Department for Environment, Food and Rural Affairs on certain aspects of the scheme. They expressed concern that they found the explanatory memorandum to contain insufficient information about intended implementation. Although DEFRA has responded to their three specific questions, I hope the Minister can set out in greater detail the evidence required for the producers.

Under the packaging extended producer responsibility scheme, producers must demonstrate that they have collected and recycled packaging waste that is either reusable or not ordinarily collected by local authorities. As I understand it, there is currently no requirement for that evidence to be third-party verified. Can the Minister explain how the accuracy and reliability of such information will be ensured? I discussed the extended producer responsibility scheme in a recent Westminster Hall debate with the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Coventry East (Mary Creagh), so the Minister will be aware of my concerns about its general implementation.

The Minister will also be aware that the Leader of the Opposition and the shadow Secretary of State for Environment, Food and Rural Affairs, my right hon. Friend the Member for Louth and Horncastle (Victoria Atkins), recently chaired a food and farming emergency summit with farmers, fishermen and food producers. One of the issues raised repeatedly was the impact of the EPR scheme on food, drink and hospitality businesses, many of which—local pubs included—feel that they are being unfairly charged twice. Following that summit, and after listening carefully to industry representatives, my right hon. Friend the shadow Secretary of State wrote to the Government urging them to work with the Conservatives on a rapid review of the scheme’s impact on the food, drink and hospitality sectors, including the problem of the double charging of pubs.

That emergency summit took place before the autumn Budget, in which the Government announced that they will consult in early 2026 on proposals to measure the performance and effectiveness of local authorities’ use of the packaging EPR scheme. Has the Minister considered extending that consultation to include stakeholders so that practical issues with the scheme’s operability can be identified sooner?

The amendments contained in these regulations are sensible and show some movement in response to feedback and concern from the frontline. However, they do not address some of the wider concerns raised in our recent debate or those voiced by stakeholders, particularly regarding glass recycling and the consequences for hospitality businesses. Tackling these issues should be a priority for this Government not just in 2026, but as soon as possible.

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[Dame Angela Eagle]

I am happy to address some of the points that have been raised. I welcome that the official Opposition are broadly supportive of this system, and I will come to their questions in a minute. The Liberal Democrat spokesperson, the hon. Member for Glastonbury and Somerton, sounded like she was in favour on principle but not quite in favour of this particular system. That is an interesting approach, but ripping up the whole thing and starting again would not help our recycling rates. I prefer to think that the best way forward is to keep refining what is happening, to see how it works and to see if there are obvious things that we need to change.

These draft regulations are part of that iteration, because they introduce, for example, a change on the closed loop for food-grade plastics, and they shift to a producer-run organisation so that we can integrate how packaging is produced and try to drive up recycling rates. These measures will be responsible for returning over £1 billion to local authorities through fees and structures that enable them to recycle waste collected at people’s doors.

The hon. Member for Epping Forest asked whether Ministers have met industry groups affected by dual use, and I hope to reassure him that the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Coventry East (Mary Creagh), has done so. We recognise the strength of feeling on the need for a system that can be effectively monitored and enforced, given the impact of pEPR on packaging that remains in scope of fees.

Through our workshops, we are looking at what we can do to refine the system further to deal with the issues of double charging, as the shadow Minister put it. He asked what would happen if the PRO collapsed. PackUK can take control in the event of a catastrophe while it seeks to establish a successor, so that there does not have to be any other system.

We recognise the issues with glass, raised by my hon. Friend the Member for Llanelli, and the issues with measuring by weight, on which we are in touch with producers. There is also Government support for energy costs in the industry, which will hopefully deal with some of the additional costs that traditional industries are having to shoulder. I hope my hon. Friend accepts that we will continue to keep all of this under review.

To conclude, the amendments made by these draft regulations are necessary to maintain the circular economy for packaging in the UK, to ensure that the key industry request that producers are involved in running the scheme is taken forward, and ultimately to ensure that materials and products are kept in use longer. I trust that hon. Members on both sides of the Committee understand and accept the need for these draft regulations, and accept that the changes will benefit the scheme.

[Dr Hudson]

As I mentioned, the Budget document talked about a consultation on this going into 2026. I raised with the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Coventry East (Mary Creagh), in the Westminster Hall debate that such consultation needs to be urgent, rather than kicking the can down the track. Can the Minister reassure us that she and her DEFRA colleagues will urgently review the system and act to mitigate any adverse consequences? A consultation is good on paper, but unless it is urgent, stakeholders on the frontline are going to suffer.

[Dame Angela Eagle]

We are trying to take the scheme forward in a positive, iterative way. The consultation is not kicking the can down the road; it is recycling the can to see what we can do to ensure that the system is changed and iterated to fit more effectively, to drive up recycling rates in our economy and to move towards a circular economy. I hope the hon. Member feels reassured by that response.