Draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 Draft Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2023

Debate between Robbie Moore and Ruth Jones
Tuesday 5th March 2024

(9 months ago)

General Committees
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Robbie Moore Portrait Robbie Moore
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As I have said, we want to put businesses in the best position possible to have an understanding of the fees that are likely to be imposed on them. That is why we aim to give out indicative fees to businesses later this year, so that they can encompass them within their business models. It will be up to them to consider how that will impact any consumer when rolled out. As a Government, we aim to get the indicative fees out to industry as soon as possible so that they can best forward plan.

The hon. Member for Newport West referred to modulated fees. We are in the process of reviewing and collating the evidence we collected in the autumn of 2023 on the 13 broad types of packaging that will be shortlisted for higher fees, and we will engage further with stakeholders on that topic in the second half of 2024.

Ruth Jones Portrait Ruth Jones
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I understand that the Minister is talking about preparation, but industry needs certainty and clarity now; it cannot talk about things now and then put them into place with just a couple of months’ notice. When will the DRS industry forum next meet? When will the complete packaging EPR framework be available for industry and local authorities?

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Robbie Moore Portrait Robbie Moore
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I will come to the DRS shortly. We engage with industry constantly on EPR and, as I said, we are aiming to get the indicative fee structure out as soon as possible. On modulated fees, we have ongoing engagement with the sector and aim to provide further clarity in the first half of this year.

The hon. Lady asked about reusable and refillable packaging. Following feedback from stakeholders, we have decided that the initial focus of the packaging EPR will be to encourage the greater use of recyclable packaging and to complete the work of putting in place a cost-effective and efficient recycling system to ensure that recyclable packaging is recycled. Further obligations are to be introduced on the use of reusable packaging, in which all producers will be encouraged to get involved and engaged.

Before I move on to the DRS, I know that the hon. Lady asked about support for councils. From 2025, the extended producer responsibility for packaging will move the full cost of dealing with household packaging waste that is generated by households from local authorities to the businesses that handle and use packaging, applying the “polluter pays” principle. Once the packaging EPR is fully operational, the shift of cost from local authorities to producers is estimated to be in the order of £1.2 billion per year across local authorities in the UK.

The implementation of the DRS will be rolled out, and we are listening to and continue to work with industry to assess the feasibility of the implementation date as more detail on the implementation phases of the scheme is developed. I stress that it is incredibly important that we get the complete interoperability of the deposit return scheme across all nations. That work and those conversations are currently happening with the devolved Administrations.

Ruth Jones Portrait Ruth Jones
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The Minister is generous to give way again. He has talked up interoperability, which is crucial —we do not want glass bottles going one way across the border and plastic bottles going across the Scottish border—but when will it happen? The rumour is that it will be 2028; will the Minister confirm or deny that?

Robbie Moore Portrait Robbie Moore
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I will not get involved in commenting on rumours, but I can say that the announcement will be made shortly.

In May 2023, the UK Government published a position statement setting out that the deposit return scheme across the UK should be interoperable to reduce the complexity for businesses and consumers. That is key because not only does the scheme need to be completely interoperable but we need to bring consumers along with us. If a DRS scheme is to be completely operational and have the influence and impact that we as a Government want it to have, we have to bring consumers along with us, which is where we are focusing our efforts before we make any further announcements. The Department for Environment, Food and Rural Affairs is working closely and at pace with the devolved Administrations on the next steps to deliver interoperable schemes across the UK. As I say, we aim to provide more clarity on that shortly.

Let me turn to the second SI, on waste enforcement. As referred to in the anti-social behaviour action plan, the Prime Minister has made it clear that councils should take a tougher approach to enforcement and make greater use of fixed penalties. The maximum fixed penalty that councils can issue has been increased from £400 to £1,000 for fly-tipping, from £150 to £500 for littering, and from £400 to £600 for householders using an unlicensed waste carrier. I reassure the hon. Member for Newport West that the Government have published new league tables to provide transparency on how councils are using their fly-tipping enforcement powers.

As I outlined, the statutory instrument will help to drive up more income from fixed penalty receipts, which will go into the building of enforcement capability and capacity in English councils, meaning that more offenders are brought to justice. As we all know, fly-tipping is a serious crime and offenders can face significant fines and imprisonment if they are convicted in court. DEFRA is working at pace on the issue. In 2021, the National Fly-Tipping Prevention Group produced a guide on how councils and others can build robust cases for prosecutions. The average court fine has increased by 12%.

On the hon. Lady’s question about litter and fly-tipping fining for profit, fixed penalty notices should never be used to raise revenue, or to punish accidental littering or those who are trying to do the right thing, when education would be a better approach. The new, tighter ringfence will send a clear message to councils and members of the public that the penalties are not a moneymaking tool for councils, but rather a tool to help them to protect public spaces. We will provide statutory guidance on the use of litter penalties and will consider including advisory statements on fly-tipping.

To conclude, I hope that I have covered most of, if not all, the points raised—

Ruth Jones Portrait Ruth Jones
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The Minister is being very generous with his time. I do realise that I asked a lot of questions; would it be easier for me to write to him on certain things such as when the DRS industry forum will next meet?

Oral Answers to Questions

Debate between Robbie Moore and Ruth Jones
Thursday 7th December 2023

(12 months ago)

Commons Chamber
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Ruth Jones Portrait Ruth Jones (Newport West) (Lab)
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From Bournemouth to Bolton, Hull to Newcastle-under-Lyme, people are crying out for action to clean our air, but the air quality targets the Minister just mentioned, which were eventually set under the much-delayed Environment Act, are at twice the World Health Organisation limit and do not have to be met until 2040. So does he accept the judgment of his Government’s own Office for Environmental Protection that, on clean air, Tory Ministers are unambitious and lacking the urgency we need?

Robbie Moore Portrait Robbie Moore
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This Government, through our landmark Environment Act, have set key targets that we will be delivering on—many Opposition Members did not support all of its measures. As for supporting local authorities, as I have said, we are investing £53 million to support them in delivering more than 500 projects to specifically tackle air pollution and air quality issues.