Waste Crime: Staffordshire

Robbie Moore Excerpts

Thursday 5th September 2024 Westminster Hall

[Robbie Moore (Keighley and Ilkley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Vickers. I thank the hon. Member for Newcastle-under-Lyme (Adam Jogee) for securing this important debate, and I welcome him to the House. I also send him and his father best wishes following his father’s surgery yesterday. It is good to see the Minister in her place for our second debate this week. I would like to use this opportunity to put on the record my thanks to all the officials who worked with me when I was lucky enough to be in what I think is the best Department in Government, specifically on the waste and resources strategy. I should be grateful if she would not mind passing on my thanks, particularly to Emma and Clare in the waste resources team.

I shall start my speech by echoing comments made by colleagues throughout this debate on the dangers of the costs of waste crime to local communities, which are undoubtedly huge. The Environment Agency’s national waste crime survey 2023 report stated that,

“the waste industry estimate costs to the English economy total £1 billion annually through evaded tax, environmental and social harm, and lost legitimate business.”

That impact is of course not only monetary; waste crime in its many forms poses a significant threat to our environment. Illegal dumping and the improper disposal of hazardous waste contaminate our land, water and air. Those pollutants can take years—if not decades—to break down, causing long-term damage to ecosystems and biodiversity. They poison our water supplies, degrade our soils and harm wildlife, leaving a legacy of destruction that future generations must deal with. Most pressing is the extremely negative impact on communities up and the country that are forced to deal with the damaging consequences that harmful pollutants and emissions can have. As we are all constituency MPs, we know that we have residents who are being directly impacted in our constituencies, whether that be from fly-tipping or waste crime of a more serious nature. That is something that my constituents unfortunately experience in Keighley, Ilkley, Craven and the wider Worth valley.

I shall devote the rest of my speech specifically to Walleys Quarry in Newcastle-under-Lyme, on which I completely sympathise with the residents, businesses and wider community of not just Newcastle-under-Lyme, but Silverdale and the wider Stoke-on-Trent area. They have been fighting this issue for a significant number of years—far too many years—and I commend the predecessor of the hon. Member for Newcastle-under-Lyme, Aaron Bell, on his tireless campaigning, over the four years that he was lucky enough to be in this House, in search of a solution. Aaron Bell worked with his constituents to seek a way forward by trying to hold to account not only the operator of Walleys Quarry but the regulator and enforcer, the Environment Agency. He was also instrumental in working with the Stop the Stink campaign, and I am sure that the new hon. Member for Newcastle-under-Lyme will continue the good work of his predecessor, as he has done by securing this very debate.

I was lucky enough to be a Minister in what is probably the best Department in Government for a short time, from November 2023 to the general election. In that time, I visited Newcastle-under-Lyme and Silverdale to meet campaigners, local councillors, residents and the previous MP, to hear directly from them about the negative consequences that Walleys Quarry was having, and I deeply sympathised with the points that they made. As a result of those meetings, I made it clear that the Environment Agency over a period of time had failed in its duties and failed local residents. On the strength of what has been said today and despite the, to be frank, repeated warnings given to the Environment Agency by many, including myself when I was lucky enough to be in the Department, it seems that the agency’s attitude is that the operator will clean up its act by itself—which is simply not the case. Residents’ concerns about toxic fumes have been raised since 2012, albeit largely ignored by the Environment Agency as the regulator, meaning that the ongoing situation continues to have a substantial negative impact on the community, not just economically but on its health and wellbeing.

The reality is that the Environment Agency’s actions have gone nowhere near far enough, and in my view the landfill site needs to be closed altogether. The Minister will know that those are exactly the points that I was trying to put across to the Environment Agency during my short time in the Department. As she will also know, given that she seems to have been sufficiently briefed on the previous meetings, I was so disheartened by the Environment Agency’s actions that I requested weekly meetings with its team to understand sufficiently what actions it was taking as the regulator and the enforcer. Public hearings held in July demonstrated the serious public health issues arising from fumes from the site, with Staffordshire’s director of health and care highlighting the negative impact on public health and the risk that the noxious gases pose for health, both in the short and long term.

When I met residents, one of the other huge concerns they rightly raised, along with the direct negative impact on them, was the impact on the local economy, not just in Newcastle-under-Lyme but across the wider Stoke-on-Trent area. Businesses, cafés, shops, a sports centre, a sports club that I was lucky enough to visit and even a local school are all being negatively impacted. Again, had the Environment Agency taken robust action, it could have reduced the financial, environmental and social impacts.

[Adam Jogee]

I thank the hon. Gentleman for his kind comments to me and my family. I was going to be a bit meaner to him than I may now be—I am my father’s son—but I do want to ask him two questions. First, in February 2024, a few weeks after the current Secretary of State, my right hon. Friend the Member for Streatham and Croydon North (Steve Reed), visited Newcastle, the hon. Gentleman also quite rightly visited, and he said that no options were off the table. What did that mean? Secondly, does he think the Environment Agency has the powers it needs to properly get this sorted?

[Robbie Moore]

I distinctly recall saying from the Dispatch Box that no options were off the table, and that specifically meant that, in my view, the site should be closed. Officials will know that those points were being made to officials in the Department and at the Environment Agency, but officials will present other challenges, to do with legal implications and the processes that need to be followed. I am sure that the current Minister will have to deal with those challenges before the Environment Agency is able to take any further action, but there was clear advocacy from the previous ministerial team that Walleys Quarry should be closed. I wish the Minister well and am prepared to work with her to ensure that that solution can be reached.

The Environment Agency also singularly failed to find a solution to sufficiently safeguard the local community against the hazard presented by hydrogen sulphide, a gas released when waste breaks down on the site. For far too long, residents have had to put up with a strong eggy smell, which I experienced for myself when I visited the site. In my view, urgent and decisive action from the Environment Agency is required right now. I certainly made those frustrations known when I was in the Department, as I have indicated.

The Environment Agency has expressed its sympathy for local residents, but now is not the time for sympathy; it is time for action, not words. The Environment Agency put in place regular inspections to monitor levels of hydrogen sulphide. However, the latest data suggests mass under-reporting of the extent of the gas, and that the levels at the site were on average 80% higher than reported by the Environment Agency over a two-year period. The Environment Agency’s response to that latest failure on its part has been to apologise again and to announce another public meeting—yet again, words not actions. We all know that data collection is incredibly important for an enforcer to be able to take action, but the Environment Agency has failed in this simple task and, in my view, has failed to put monitoring points in appropriate locations around the Walleys Quarry site.

[Gareth Snell]

Further to the point made by my hon. Friend the Member for Newcastle-under-Lyme (Adam Jogee), there have been 10 years of data. I know because I used to ring the EA frequently in 2010, when I was in my constituency surgeries in the library in Silverdale and we could smell the smell. What more does the former Minister believe he would have needed in order to give a closure notice? Given that we all seem to agree that there has been a decade of failure by the Environment Agency, when he was Minister, what did he do to try to work out what the internal failings were, so that other communities that may have these problems do not have the long period of terribleness that we have had?

--- Later in debate ---

[Robbie Moore]

As I said, monitoring is incredibly important, because we need the data to be able to hold those who pollute to account, and the regulator needs the data to be able to take appropriate enforcement action, as the Environment Agency should do. But that data has to be collected appropriately, which the EA has not done, in my view, and the datasets have to be accurate. Looking back, there was a calibration issue with the datasets that were being collected, which meant that the Environment Agency had to issue a further apology. In my view, it is completely unacceptable.

That raises the bigger question, which the hon. Member for Newcastle-under-Lyme has already asked, whether the Environment Agency is fit for purpose in its current format. All the challenges that I am laying out today are things that I experienced in my short months at the Department. This is simply not good enough action by the Environment Agency. As I have stipulated, the site should be closed. Again, that is something that I advocated while in the Department. As the hon. Member said, this leads to the bigger question: is the Environment Agency fit for purpose?

In the debate earlier in the week I put some questions to the Minister and sought a response, and I will do so again today. If she is not able to give me an answer now—I quite appreciate that she may not be—I kindly ask that she puts her responses in writing, for the benefit of all of us in the Chamber and the residents of Newcastle-under-Lyme. I note that I have previously put similar questions to officials.

Will the Minister update the House on the current situation at Walleys Quarry, and is she content with the advice that she is being given by the Environment Agency? Does she agree that Walleys Quarry should be closed with immediate effect, as has been strongly advocated by previous Ministers in the Department?

[Gareth Snell]

The hon. Gentlemen is in a position of unparalleled knowledge compared with all of us, having been the Minister, at which time he advocated for immediate closure. I think the quarry should be closed immediately, and he has said that he does. What was he missing as the Minister? What lever that was just out of reach would have immediately brought about the closure of the site? If legislative change is needed then we can write that Bill here and now and take it to the House and try to get it passed, but the hon. Gentleman has been there and knows why it could not happen. What else would he have needed to get the job done?

[Robbie Moore]

In my view, it came down to process. There is a process that needs to be followed, with a suspension notice being served in the first instance to reasonably give the operator the chance to sort itself out. In my view, that process is not sufficient to satisfy residents, businesses and the wider community, but it was advocated to me that the process needed to be adhered to before we could get to the position of issuing a closure notice. I wish the Minister extremely well, and she will have my full support in trying to achieve a closure notice at speed. That is the only way of issuing a clear warning to the operator that if it pollutes, it cannot get away. The taxpayer should not have to pay for it.

Coming back to my questions, how many other landfill sites are being impacted by illegal waste dumping? How many other sites are there where local residents are being negatively impacted by pollutants and emissions?

[Adam Jogee]

Will the hon. Member give way?

[Robbie Moore]

I will not, because I think the Minister needs 20 minutes to sum up, and it is only fair to give that to her.

Does the Minister agree that when landfill sites, or sites of a similar nature, are given initial planning permission, a bond should be put in place to deal with remediation costs and compensation payments, for example, so that if a dodgy operator like the one we have seen at Walleys Quarry does not adhere to the conditions it has signed up to or goes bust, local residents in Newcastle-upon-Lyme or elsewhere are not exposed to the costs?

[Adam Jogee]

It is “under”—Newcastle-under-Lyme.

[Robbie Moore]

I apologise—it is because I worked in Newcastle-upon-Tyne for a long time.

I believe that such a bond was not put in place when John Prescott awarded the initial planning consent for the site. Does the Minister agree that the taxpayer should not have to pay a penny towards the costs associated with the remediation or clean-up works, or indeed the enforcement programme that the Environment Agency should carry out when we know an operator is in the wrong? It must be the polluter that pays, not the constituents of the hon. Member for Newcastle-under-Lyme or the local council. Further, does the Minister agree that when we talk about “polluter pays”, any fine that the EA imposes should include an element of compensation for those who have been impacted? Finally, does she think that the Environment Agency is fit for purpose in its current format as a robust regulator and enforcer?

I genuinely wish the Minister well on this issue. She has my full support in seeking a closure notice for the site.

--- Later in debate ---

[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.