Draft Environmental Permitting (England and Wales) Regulations 2016

Thérèse Coffey Excerpts

Monday 14th November 2016 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I beg to move,

That the Committee has considered the draft Environmental Permitting (England and Wales) Regulations 2016.

It is a pleasure to serve under your chairmanship, Mr Paisley. Copies of the draft regulations are available in the room. The draft regulations consolidate and update the rules on environmental permitting in England and Wales, reducing the administrative burden on businesses while continuing to protect the environment and human health. As right hon. and hon. Members know, businesses that carry out potentially damaging activities—involving, for example, incinerators, sewage treatment plants or radioactive waste discharges from nuclear power stations—require environmental permits to operate. When the regulator—the Environment Agency or the local authority—grants such a permit, it permits an activity subject to conditions to avoid environmental harm.

The draft regulations consolidate the previous regulations, the Environmental Permitting (England and Wales) Regulations 2010, to which there have been 15 sets of amendments. The consolidation will make it easier for businesses to access, understand and apply the legislation. That is consistent with good administration and the Government’s policy on better regulation, and allows us to focus on protecting the environment at a lower cost to business and regulators but not the environment. The majority of the previous statutory instruments in this area —in particular the 2010 regulations and the 15 amending instruments—will be revoked by the draft regulations, reducing the size of the statute book and making the legislation more accessible and transparent.

The Government conducted a public consultation exercise on the proposed consolidation between August and October 2015. Industry representatives and local authorities made comments and raised queries, including about specific drafting points, and those were taken on board or cleared by correspondence. The UK Environmental Law Association welcomed the consolidation.

The draft regulations contain few changes that affect business, as they are a primarily administrative exercise to improve the accessibility of the legislation and bring it up to date. However, we have taken the opportunity to make two specific substantive changes. First, we have restricted the number of fluorescent lamps containing mercury that may be crushed under an exemption from a requirement to hold a permit. That amendment is needed to protect the environment and human health, and follows a positive response to consultation with the industry earlier this year. As a result of the change, some companies that crush such lamps will have to apply for a permit. At the moment, we know of only one business that is considering doing so, it having responded positively to the consultation.

The second change is to correct a previous amendment to the 2010 regulations and reinstate the exemption that allows the Canal & River Trust and other statutory undertakers to dredge in England without a permit. Under the previous flood defence consent system, organisations with a statutory function to undertake dredging were not required to hold a permit. As was made clear in the Government’s response to the consultation on flood defences, we intended to replicate that in the environmental permitting regime. Unfortunately, the amendments made in April this year inadvertently brought those statutory undertakers into the permitting scheme. We want to rectify that, so this amendment reinstates those undertakers’ previous position.

This permitting system will make it easier for regulators to do their job of protecting the environment and for businesses to comply. The draft regulations were widely supported by respondents to the consultation, and I commend them to the Committee.

--- Later in debate ---

[Dr Coffey]

I thank the hon. Member for York Central for her broad support for the measures. She recognises that they provide not only an opportunity to have more regulation, but to consolidate existing legislation. She made that point herself.

I would expect the Environment Agency, or other regulators as may be necessary, to consider the cumulative impact assessments in their approach to the matter. Given that the British people voted to leave the European Union, and given the Government’s intention to trigger article 50 by March 2017—I do not have a precise date for when we intend to leave the European Union—the Prime Minister has been clear that we intend to bring into UK law any matters that are currently part of EU law. She has also been clear that we want to ensure a smooth transition as we leave the EU.

The hon. Lady will be aware of my previous recitation of the fact that the Government intend to leave the environment in a better state than we found it for future generations. She should not worry that we intend to try to dampen or reduce any environmental protection. I would like to think that the regulations are a sensible consolidation of activities. They also make a minor correction to help the Canal & River Trust and tighten the T17 exemption for mercury lamps. On that note, I encourage all members of the Committee to support the motion.

Question put and agreed to.