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Environment Bill - Sitting 13

10 November 2020

Proposing MP
Alan Whitehead Lab
Southampton, Test
Type
Public Bill Committee

At a Glance

Issue Summary

The statement addresses concerns regarding the provisions for the Office for Environmental Protection's (OEP) function in Northern Ireland and the discrepancies between the OEP’s responsibilities in England and Wales compared to those in Northern Ireland. MP Ruth Jones moves an amendment to change 'may' to 'must' in the Environment Bill's producer responsibility obligations. The statement addresses amendments to the Environment Bill focusing on producer responsibility obligations for reducing waste and consumption of virgin materials. Alan Whitehead is questioning whether requiring a certain proportion of textiles to include recycled materials is now an established policy. Alan Whitehead discusses amendment 159 to include 'prevention' and 'reduction' in producer responsibility regulations under the Environment Bill. Rebecca Pow discusses the Environment Bill and argues against an amendment proposed by another MP, emphasizing the government's ambition to prevent waste and reduce its production. Ruth Jones moves an amendment to Schedule 5 of the Environment Bill to replace 'may' with 'must', aiming to ensure stronger obligations on producers for disposal costs. The amendment seeks to include social costs throughout the lifecycle of products or materials in schedule 5, addressing waste management and producer responsibility issues. Alan Whitehead discusses the wording of the Environment Bill's schedule related to producer responsibility and disposal costs, arguing that it is misleading and not aligned with circular economy principles. Alan Whitehead moves an amendment to change 'may' to 'must' in Schedule 6 of the Environment Bill to mandate product resource efficiency information requirements. Alan Whitehead proposes an amendment to the Environment Bill requiring manufacturers or sellers to evaluate and disclose a product's expected total environmental impact throughout its life cycle.

Action Requested

The MP requests clarification from the Minister on why there are differences in the OEP's functions and reporting requirements between England/Wales and Northern Ireland, particularly regarding the vague language allowing a department rather than an individual minister to decide whether to lay advice before the Northern Ireland Assembly. The MP also asks if the formulation is legally opaque or unworkable.

Key Facts

  • Amendment 194 tabled by Members representing Northern Irish constituencies sought long-term and interim targets for OEP's operation.
  • Clause 3(6) of the Bill allows a 'may' clause for laying advice before the Northern Ireland Assembly, rather than a mandatory 'must'.
  • The formulation in question is different from that used in England and Wales, leading to questions about its clarity and legal feasibility.
  • Ruth Jones moves amendment 16.
  • The amendment aims to strengthen producer responsibility obligations in schedule 4 of the Environment Bill.
  • The Environment Bill covers waste and resource efficiency.
  • The Government intends to introduce new regulations for producer packaging responsibility.
  • Consultations with devolved Administrations on reforming regulations took place in 2019 and will continue in 2021.
  • Amendments aim to strengthen measures against waste by focusing on virgin material consumption reduction.
  • The minister gave an example off the top of her head regarding requiring textiles to contain recycled materials.
  • Alan Whitehead hoped this would become an official policy.
  • Amendment 159 aims to add the terms 'prevention' and 'reduction' to producer responsibility regulations.
  • The Government's 2018 White Paper, 'Our waste, our resources: a strategy for England,' embraces the notion of the waste hierarchy.
  • The waste hierarchy includes prevention, reduction, reusing, recycling, energy from waste, and landfill as the least preferred option.
  • The Environment Bill aims to achieve zero avoidable waste by 2050.
  • The Bill includes powers to specify resource efficiency standards and provide consumers with sustainable choice information.
  • A new waste prevention programme is planned to be published and consulted on in the near future.
  • Amendment 17 seeks to replace 'may' with 'must' in Schedule 5.
  • The Government aims to review and consult on measures for five waste streams by the end of 2025, including textiles, construction materials, and fishing gear.
  • Rebecca Pow emphasizes the need for flexibility to decide appropriate measures for producers.
  • Amendment 161 seeks to insert language about social costs throughout the lifecycle of products or materials into schedule 5.
  • The Environment Agency is proactively engaging with Sri Lankan authorities regarding containers shipped illegally in 2017 that returned to England in October 2020.
  • The Local Government Association believes that the current schedule does not go far enough and advocates for including 'full net cost' for producers.
  • Paragraph 1(2) of the schedule talks about 'the disposal costs of the products or materials'.
  • Paragraph 2(2) extends 'disposal' to include re-use, redistribution, recovery or recycling.
  • The amendment aims to clarify the meaning of 'disposal' in line with circular economy principles.
  • Clause 59 of the Bill commits to banning all exports of plastic waste to non-OECD countries.
  • Amendment 18 proposes changing 'may' to 'must'.
  • Government plans to mandate labelling for recyclability of packaging.
  • Industries are encouraged to proactively improve standards without mandatory requirements initially.
  • Amendment 226 aims to add language requiring evaluation of total environmental impact throughout product lifecycle.
  • The current drafting allows flexibility and practicality in defining lifecycle impacts.
  • Product passports or backpacks are discussed as potential means for detailed information on products.
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