Thursday 27th November 2014

(9 years, 5 months ago)

Westminster Hall
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[Relevant documents: Plastic Bags, Eleventh Report from the Environmental Audit Committee, Session 2013-14, HC 861, and the Government response, HC 239.]
14:51
Joan Walley Portrait Joan Walley (Stoke-on-Trent North) (Lab)
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It is a pleasure to have secured this debate. We have just had a wide-ranging debate on environmental issues, and on behalf of the Environmental Audit Committee I propose to address in much more detail the specific issue of plastic bags, which are equally important. I thank the Liaison Committee for making it possible for us to debate our report this afternoon. I am aware that Thursday afternoons are commonly known in parliamentary circles as the graveyard slot, because so many people go back to their constituencies. None the less, there has been interest in our report and, indeed, there have been numerous responses to the Government’s consultation. As the regulations are being introduced in October 2015, it is important that we have this small amount of time in Parliament to question the Minister on what progress the Government are making and where we are. I am grateful to the Minister for being here, and I am also grateful to my hon. Friend the Member for Brent North (Barry Gardiner), the shadow Minister, who will no doubt address some of the relevant issues.

[Annette Brooke in the Chair]

There is no single solution to all the environmental challenges that we face. If we consider all of the Environmental Audit Committee’s reports, not only on plastic bags but on the green economy, the circular economy and the sustainable development goals, we clearly need to be taking forward steps on plastic bags just as much as on anything else. If we cannot get it right on plastic bags, how can we, the Government or anyone concerned about the issue get the much bigger things right? It is all about consistency. I accept that banning plastic bags altogether would be a much more radical proposal, but we are not talking about that—it has only been proposed in Italy. We are talking about regulating plastic bags so that we move further along the route towards decarbonisation and addressing environmental degradation. It is therefore critical that we get every single aspect of the regulation right.

The nub of our recommendations on plastic bags is that, if the Government are to introduce a scheme, it must be simple, easily understood and consistent. Unless the scheme ticks all those boxes, there will be complete confusion about its purpose and operation. Section 77 of and schedule 6 to the Climate Change Act 2008 allow us to introduce further regulations on plastic bags, and those regulations need to be approved by the House because the Act did not set out how the proceeds from the sale of carrier bags would be addressed. We therefore need further regulation. That technicality means that we now have this opportunity to make a proposal that is fit for purpose.

The question, therefore, is: why has it taken us so long to get it right? We have had from back in 2008 to October 2015. I am the first to say that it is not only this Government who got it wrong; the previous Government got it wrong, too, because they could also have introduced a measure to do something about plastic bags. There is a question of whether the public are behind the measure and whether there is courage to take these issues forward, but I think that has been addressed because in Scotland, Wales and other parts of the UK we have seen that, where the devolved Administrations have made proposals, they have largely been welcomed once people became used to them. Everyone wants to do their bit for the environment, and such proposals are a means of doing that.

We have concerns about the Government’s proposals and consultation. Our main concerns relate to paper bags, small retailers and biodegradable bags. We took extensive evidence from a wide range of experts and stakeholders. I am also aware that a long list of people responded to the Government’s consultation, including Tidy Britain, Surfers Against Sewage and various other groups. No regard has been given either to the consultations or to the recommendations of the Environmental Audit Committee, which is here on behalf of Parliament to scrutinise what the Government are doing. I hope the Minister will give us chapter and verse, which has been lacking so far, on the Government’s response to the consultation and the reasoning behind that response.

We suggest that there should be no exemptions and that there should just be a single straightforward scheme. Why complicate it? Why are the Minister and his Government complicating it so much? Many of the trade bodies representing small retailers actually oppose the proposed exemption for retailers with fewer than 250 employees. The National Federation of Retail Newsagents, the Association of Convenience Stores and the British Retail Consortium all criticised the exemption in their evidence to the inquiry. They said that the exemption will distort competition and cause confusion for businesses and consumers. All three bodies said that their members would like to participate. We need to know why the Minister is ignoring what those groups said.

I understand that the Government do not want more red tape or to make everything difficult, but I have had further conversations with one of those groups, in which it has made the point that more changes are likely to be coming in as a result of what is currently happening in Europe. Why should its members have to get used to one set of changes when there will perhaps be another set later on? How are the general public going to understand why there are exemptions for smaller businesses? Why can we not simply have a level playing field, with measures that are understood by everyone from day one? Will the Minister tell me why we cannot do that?

The Government have put forward exemptions for paper bags, but as our report points out, paper bags can have a greater emissions impact than plastic bags. Exempting paper bags from the charge would weaken the message on bag reuse and risks reducing environmental benefits and reductions in bag use. The Government should include paper bags in the charge.

We have seen similar things happen on all kinds of environmental issues. One comparison is the situation with air quality and diesel engines. It is laudable to be doing everything we can to cut carbon emissions, but if those efforts at the same time have a reverse effect on environmental quality and standards, we need somehow to co-ordinate efforts in the two areas. Paper bags use more carbon, so what rigorous appraisal have the Government used to come up with the proposal to exempt paper bags? How is that proposal consistent with their long-term climate change and carbon reduction targets under the Climate Change Act? It is incumbent upon the Government to show how every single element of their environmental policy contributes to their overall long-term objectives. They must demonstrate that there will not be contradictory, unintended consequences as a result of the exemption for paper bags.

Our third area of concern was oxo-biodegradable bags. Recyclers who gave evidence to the Committee were concerned that increasing the use of biodegradable—perhaps we should put that word in inverted commas—plastics would threaten the viability of the UK recycling industry by contaminating waste streams and recycled products. During the inquiry, concerns were also raised that biodegradable bags would still cause litter and harm wildlife, because of the time it takes discarded bags to decay.

Sarah Newton Portrait Sarah Newton (Truro and Falmouth) (Con)
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I am grateful to the hon. Lady for securing this debate, which is on an issue that is important to many people. I do not think that the small number of Members here today accurately reflects the significance of the issue.

When the hon. Lady was taking evidence during her inquiry, did she receive evidence not only from Surfers Against Sewage, a group based in my constituency, but from the European Centre for Environment and Human Health, which again is based in my constituency? That centre has gathered a huge amount of scientific work and evidence that shows that biodegradable plastic bags do not degrade naturally in the environment, but need specific circumstances in order to biodegrade. Anyone who has done a beach clean—I have, many times, along the Cornish coast—will be only too away that the plastic does not biodegrade and we all have to collect it.

Annette Brooke Portrait Annette Brooke (in the Chair)
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Order. I remind the hon. Lady that she may make a speech.

Joan Walley Portrait Joan Walley
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I am grateful for that intervention from the hon. Member for Truro and Falmouth (Sarah Newton). I pay tribute to the work of Surfers Against Sewage. I know from my 28 years in this House just how many campaigns that group has been involved in, very actively, on environmental degradation and the importance of keeping our marine areas and coastal waters clean. The group attaches importance and value to wildlife and has looked at the long-term problems that are caused by the throwaway society that we now seem to have, in which litter ends up everywhere.

In answer to the hon. Lady’s welcome intervention, I can say that we received evidence from Surfers Against Sewage, an organisation that believes in making its point on each and every occasion. Its view is that our greatest chance of success in reducing the amount of bags that are littering our blue and green open spaces, through reducing the number of single-use bags given out at checkouts and ensuring consistency across retailers and along the high street, means we must remove the exemption in the English bag-charge scheme for paper and oxo-biodegradable plastic bags—that is what the group is calling for, and it believes those measures have to be brought forward. That is so obvious to Surfers Against Sewage that I come back to asking this: why is it not so obvious to the Government that we should not allow those particular exemptions? They will create so much uncertainty and lack of understanding.

At a time when politicians are not really trusted by the electorate in the way that we would like to be, the exemptions will undermine trust in the scheme. I do not know whether Surfers Against Sewage made the same points to the devolved Administrations, but if it did, it was listened to better. I hope it is not too late for the representations that are being made to be picked up by the Government—after all, they have not lost any opportunities to say that they intend to be the greenest Government ever. We will judge that by actions, not words.

The Government have failed on all three of those issues: on paper bags, for the reasons I have outlined; on small retailers, because people need to know clearly what is being done; and on the issue of biodegradable bags, as well. While we are on that last subject, it is all very well to talk about biodegradable bags, but according to the evidence we received they are apparently not biodegradable, or at least not yet. The question that then arises is: how can the Government set an exemption for something that is not yet there?

The Government have said—I think Lord de Mauley, the Environment Minister in the other place, made this point—that there will be opportunities for research to establish where the innovation on biodegradable bags will come from. I have to say that there are some questions for the Government on this matter. When it was discussed in the European Parliament, questions were raised by a Danish MEP about whether there had been full transparency about the company wishing to put forward proposals for a type of biodegradable bag that has not yet been confirmed as biodegradable, on which research is still required and for which the Government have yet to set any determining criteria. We have an exemption for something that does not yet exist and will come in at a later stage. That raises all kinds of questions about how fit for purpose the Government’s proposals on plastic bags actually are. They seem to be nonsense.

That would not matter so much if it were not so important that we make progress on the environmental agenda. I was really disturbed to see the Department’s figures on recycling earlier this week, and gave a local radio interview in my constituency this morning about the real cut in the number of items that are being recycled. Looking at the figures, that reduction in recycling is happening not just in Stoke-on-Trent but in London and in areas all over the country. We are a long way from the target of 50% of goods being recyclable by 2020. Instead of reaching a plateau and allowing efforts to flatten out, we should be acting with even greater urgency to get the different schemes that are coming forward absolutely right. As I say, that is not the case with the way we are dealing with paper bags.

WRAP has told us that the number of single-use plastic bags handed out to shoppers by UK supermarkets is not going down; in fact, it has risen for the fourth year running. In England, the number of thin plastic bags used increased by 5% last year, representing an 18% increase since 2010. In contrast, Northern Ireland introduced a charge a quarter of the way through the reporting period, and the number of bags used dropped by 71%. That is a huge difference, and we should be following suit—perhaps we will do so a little more following today’s statement in the House about devolution and where it is taking us.

Bag litter is also rising. When even the Daily Mail is starting to campaign on the issue, we realise just how important it is to people across the country and why getting the scheme right is so important.

I would like the Minister to respond on a couple of issues. We would like to glean from him what has actually been going on in the European negotiations. It would really help people to understand the issue better if they knew the Government’s position in those negotiations. I understand from press reports that a watered-down version of the regulations is likely to come forward, but I would like to hear that directly from the Minister. What was the UK Government’s line? Were we trying to water down the regulations?

The Minister has to tell us why the Government have not taken on board the feedback they have received from so many consultations and as part of the Committee’s report.

I would like the Minister to say a little about the timetable. The Government say they will lay the necessary regulations under the affirmative procedure by the end of the year so that they will be enforced by October 2015. Can we have the dates for the regulations? Are they on track? Have there been further consultations with key stakeholders? When will we see a copy of the proposed regulations? Is there any possibility of the Committee’s recommendations being taken on board as a result of this debate? It is not too late for the Government to change their stance.

Related to that is the issue of behaviour change, which I touched on earlier. How are the Government seeking to use their proposed measure to support other pro-environmental behaviours? What are they doing to ensure consistency in messaging and outcomes? There is also an issue about the money going to charity. Will the work of the charities involved be related to the environment in some way?

What are the Government doing to ensure companies do not use the threat of a new stick to remove existing carrots, if I can put it that way? Sainsbury recently decided to stop giving people Nectar points for reusing plastic bags, but that was an incentive for them to do so. Have the Government met major retailers to see whether they are consistently going forwards, even on the current voluntary basis? How can the Government ensure that charges for bags result in fewer bags being littered?

There is also the issue of learning from other countries. How are we helping companies to prepare, based on what has worked well in other countries? How can we pre-empt the risks that might arise? How has the issue been addressed in Ireland, Wales and, more recently, in Scotland?

This issue is really about the UK Government’s commitment to supporting reductions in the number of plastic bags and about transparency. At the heart of all this—we have seen this with pesticides and so on—is the question of what importance the Government attach to the precautionary principle. That principle should be at the heart of the specific actions we take on plastic bags, but I do not see that it is. I would be grateful if the Minister could respond on those issues when he winds up the debate.

15:14
Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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It is a pleasure to respond to the debate on behalf of Her Majesty’s official Opposition. I pay tribute to the Chair of the Select Committee, my hon. Friend the Member for Stoke-on-Trent North (Joan Walley), for all the work she has done on this issue, for her Committee’s excellent analysis and for her excellent presentation of it.

Simply put, the Government should not have a stand-alone policy on plastic bags. Reducing their use must be part of a coherent waste management strategy with a focus on preventing plastic from entering the waste stream and reducing litter. There should be no disagreement on that in the House, but, of course, one of the Minister’s first acts on entering the Department was to announce in his infamous letter that there would be an abandonment of waste management by Government.

Dan Rogerson Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dan Rogerson)
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The hon. Gentleman and I served on the Environment, Food and Rural Affairs Committee together, and we discussed these matters informally and formally. However, I ask him to refer to what I actually said in my letter, which is that there are some areas of policy that have been taken forward, and it will now be up to industry and wider society to respond, and others that we will continue to conduct research on and get behind. To say that my letter said we were abandoning waste policy is not an entirely fair characterisation.

Barry Gardiner Portrait Barry Gardiner
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The Minister pleads in his own defence, and I will let the industry judge for itself, but the industry has been clear that it was deeply unhelpful of the Department to announce that the Government no longer saw fit to take part in some aspects of waste management and that it was down to the industry just to get on with things.

The rationale behind the Government’s position was that they should not intervene in areas where there was no market failure. The problem, however, is that I happen to believe that 2,309 items of plastic per kilometre on UK beaches constitute market failure. The remarks of the hon. Member for Truro and Falmouth (Sarah Newton) about the levels of plastic litter experienced around the UK coastline bear witness to that. They are disgusting, but they are also a warning about the level of plastic that has not washed up on our beaches and that is still floating out at sea. The Government have just not thought through waste management in this respect. If they had, they would have listened to the industry and delivered a workable policy programme. They have not done that.

What percentage reduction in plastic bag use do the Government expect will be achieved as a result of their policy by 2020? Will it be as much as in Wales, where there is a simple charging system without all the loopholes and caveats the Government have added?

When does the Minister think that a biodegradable plastic bag will fulfil the criteria for exemption from the single-use plastic bag charging policy? My hon. Friend made an incontrovertible and admirable point: where else in Government policy does one create in law an exemption for something that does not exist? It really beggars belief.

The Committee’s report stated:

“The policy around the exemption for biodegradable bags appears rushed and taken before reviewing existing evidence or considering the concerns of all stakeholders.”

If I may say so, I think my hon. Friend’s Committee let the Government off lightly by putting it so delicately.

The report continues:

“It appears to us that Defra is trying to use innovation to justify a rushed and flawed policy proposal to allow an exemption for biodegradable bags.”

The question we must ask is why. Can the Minister give a reasoned explanation— because there is certainly not one in the Government’s response to the Environmental Audit Committee’s report—of why the Department has gone into such contortions to do that? The waste management industry and environmental scientists are clear about the fact that the exemption is absurd. The British Plastics Federation has made it clear that DEFRA made the decision on the exemption before consulting manufacturers. British Polythene Industries opposed the exemption and stated that it would increase the use of plastic bags and undermine recycling targets. What progress has been made as part of the small business research initiative on biodegradable bags?

Objections to the policy on environmental grounds have been as emphatic as the industry’s. A professor of marine biology and adviser to DEFRA told the Environmental Audit Committee that he was surprised by the proposals to exempt biodegradable bags. His research found that approximately 98% of plastics, including so-called biodegradable plastics, remained after 40 weeks, in part because of a lack of light reaching the bags under water. There is no such thing as a biodegradable plastic bag; the plastic just degrades into smaller pieces that are more easily ingested by marine life. That means that they are more easily able to contaminate and pollute the marine environment.

Quantities of litter on UK beaches have more than doubled since 1994, according to the Marine Conservation Society’s Beachwatch survey, which is the source for the figure of 2,309 items per kilometre found in 2013. Last year English beaches had, on average, 45 plastic bags per kilometre, an increase of just over 20% since 1996. Let us consider the impact of that on wildlife. The northern fulmar does not regurgitate plastic, but accumulates it in its stomach. Data collected between 2007 and 2011 show that 95% of fulmars in the North sea had plastic in their stomach—62% exceeding legal limits.

The Government’s response to the Committee’s report states:

“Several key impacts of the policy (e.g. reduced disamenity impact of litter; reduced damage to marine life) are difficult to measure in quantitative and monetary terms.”

Indeed they are, but that does not mean they are not real. They are what classical economics regards as externalities, and, as so often with the present Government, externalities are ascribed a nil value. That is the problem. The Government have chosen to discount the importance of litter and, significantly, of damage to marine life, because it is too difficult to work out what those things cost. That is the wrong approach. Litter ruins neighbourhoods; plastic waste damages entire marine ecosystems.

The waste management industry, perhaps more than any other, can produce growth that increases the productivity of our economy and creates new, skilled jobs. The job creation rate for recycling and reprocessing is significantly higher than that for landfill. It has been estimated that one job in landfill is created for every 50,000 tonnes of waste. By contrast, SITA estimates that job creation per 1,000 tonnes of waste for recycling ranges from 0.75 to as many as 40 jobs, depending on the material. That is between 38 and 2,000 jobs for every 50,000 tonnes of waste. That is the industry on its own, making an immensely valuable contribution to jobs and growth; but it is even more important as a driver of the wider economy.

Joan Walley Portrait Joan Walley
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Does my hon. Friend agree that there is widespread concern that the Government are stepping back from supporting the waste management sector, and offering only a limited programme of waste prevention activities? There are opportunities for innovation and growth in jobs, but the sector is not being supported by the Government to the extent it should be.

Barry Gardiner Portrait Barry Gardiner
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I am happy that I gave way to my hon. Friend, because, as on most such occasions, she is right. She will have heard the Minister giving his justification for the Government’s approach to the waste management industry and the issue of the circular economy. The point that she and I are trying to make is that the opportunities are huge; and so are the risks of inaction. The Committee warns in paragraph 68 of its report:

“The Government’s waste management strategy needs to be clear, consistent and easy to understand in order to secure reduced carbon emissions, improved rates of recycling and avoid contamination of waste disposal streams. Gains in other areas could be far more important than can be generated by bags alone.”

Again, it is a question of an integrated approach to and coherent policy on waste management. The Committee was right to highlight that; the Government should not have a stand-alone policy on plastic bags. The policy is, frankly, an unscientific mess. My hon. Friend the Member for Stoke-on-Trent North has pointed out that no genuinely biodegradable plastic bag exists. Paragraph 33 of the Government’s response to the report states that they are

“aware of the concerns regarding contamination of the recycling stream with biodegradable plastics and are addressing this with feasibility studies”.

I should be grateful if the Minister would update us about the progress of those feasibility studies.

In places the Government’s response is incoherent. Paragraph 24 states that

“the Government intends to require retailers to publicise the number of bags sold and how the proceeds of the charge have been spent.”

That is from a Government who are anti-regulation; but three paragraphs on, paragraph 27 states:

“Requiring businesses to report specifically on the VAT on plastic bags would also introduce additional administrative burden for those firms involved.”

Goodness me; within three paragraphs the Government contradict themselves on whether regulation on plastic bags is appropriate or burdensome for business. The policy is incoherent, and an incoherent response has been given to a coherent report.

It is alarming that the policy has been allowed to get so far when Government officials and advisers express serious concerns about the impact on the marine environment, in particular. If the Government do not abandon the absurd parts of this policy and adopt the Environmental Audit Committee’s recommendation for a simple universal charge that will reduce plastic waste and litter as part of a wider, comprehensive and coherent waste-management strategy, I assure the House that the next Labour Government will. It is an essential component of a resource management strategy worthy of the name.

15:28
Dan Rogerson Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dan Rogerson)
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It is a pleasure to serve under your chairmanship today, Mrs Brooke.

I thank the hon. Member for Stoke-on-Trent North (Joan Walley) for the opportunity to debate plastic bags. Owing to my ministerial position, I get to be a member of the Environmental Audit Committee, although I am sure as its Chair, the hon. Lady would take me to task on my attendance record sitting on her side of the table. It is a convention that one does not attend in that way, but I have appeared before the Committee on several occasions and look forward to doing so in the near future—next week—on another topic. I appreciate the work it does.

Before I delve into aspects of the policy raised by the hon. Member for Stoke-on-Trent North and the hon. Member for Brent North (Barry Gardiner), I noted that the hon. Lady’s speech was somewhat negative. To be fair, she was negative about the previous Government as well as the current one. We are introducing a policy that takes advantage of the provisions of the Climate Change Act 2008. She and the hon. Member for Brent North, who is sometimes my hon. Friend, may take issue with some aspects of the policy, and I will address their concerns in a few moments. The fundamental point is that we are seeking to enact those provisions and to do something about the matter. I hope the hon. Lady and the Committee welcome that.

Joan Walley Portrait Joan Walley
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Does the Minister agree that if something is worth doing, it is worth doing right?

Dan Rogerson Portrait Dan Rogerson
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Absolutely, and we can debate the provisions and aspects that the hon. Lady and the hon. Gentleman have highlighted.

The Government carefully studied the Committee’s report on plastic bags earlier in the year—the hon. Gentleman referred to our response. We may disagree on details of the scheme, but we agree that reducing plastic bag use has environmental benefits. It will mean lower carbon emissions, more efficient use of valuable resources and less litter. Too many single-use bags are currently being distributed. Efforts to reduce the number of such bags without resorting to legislation have led to success in the past, and voluntary initiatives by retailers saw a reduction in their distribution by 48% between 2006 and 2009. That was significant progress, but the number of single-use plastic bags is on the rise. In England between 2010 and 2013, there was an increase of 18%, or just over 1 billion bags. In 2013 alone, England’s main supermarket chains issued more than 7 billion single-use carrier bags to their customers. Laid out, those bags would go round the M25 more than 20,000 times. Such statistics are staggering.

As we know, far too many bags make their way on to the streets and into the countryside as unsightly litter. They are also discarded on beaches, as hon. Members have said. My hon. Friend the Member for Truro and Falmouth (Sarah Newton) highlighted the work of organisations such as the Marine Conservation Society in monitoring and reporting on that, and in conducting beach cleaning. I was out beach cleaning a few weeks ago, as I am sure many hon. Members were—[Interruption.] Perhaps those with slightly less coastal constituencies were not engaged in that but they are welcome to come to Cornwall to see such important action first hand.

The hon. Gentleman set out the impact in the sea and to the environment where plastic bags can cause harm to wildlife. Plastic bags also have a negative impact on the environment through their production and disposal. The oil used in their creation and the tonnes of plastic that go to landfill means we must take action to reduce the use of plastic bags. When they are used, they should be reused as often as possible and then recycled.

The Government will shortly lay draft legislation in Parliament to introduce a requirement to charge for single-use plastic bags. There has been a largely positive response to the announcement of the charge. The hon. Member for Stoke-on-Trent North referred to some corners of the media that have been particularly keen to support the policy. It is a proven tool. In its first year, the Welsh charge resulted in a decrease of 76% in the number of single-use plastic bags distributed by the seven big supermarkets. We have been able to use the experience from the Welsh charge to help to shape our scheme. A similar charge was introduced in Scotland in October, as the hon. Lady said.

Subject to parliamentary approval, the English charge will commence in October 2015. It will require retailers to charge a minimum of 5p for every new single-use plastic carrier bag, the same as in Wales and Scotland. Bags used for deliveries will incur the charge, as well as those used to carry purchases away from a store.

Exemptions are at the core of the debate. Small and medium-sized businesses will be exempt from the charge in England. We recognise that some wanted SMEs to be included, but we concluded that we need to avoid administrative burdens on start-up and growing businesses in England at a time when we want to support new growth in the economy. It is also worth bearing in mind that the current UK retail market is dominated by a relatively small number of large stores run by companies with more than 500 employees—they employ 65% of the people working in retail and have 69% of all annual turnover of retail businesses. Any retailer who is not covered by the legislation will of course be able to charge for bags voluntarily.

Joan Walley Portrait Joan Walley
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Why are the Government persisting with that when small businesses do not feel the need to be exempted and do not want to be exempted?

Dan Rogerson Portrait Dan Rogerson
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Some organisations have taken that on. I have met some of them and they have given evidence to the Committee. Other organisations, such as the Federation of Small Businesses, have taken a different position. It is important to look at the implementation of the charge. The huge majority of the bags will be distributed by retailers who will be covered by the charge. We can continue to examine how the exemption operates post-implementation. The smaller retailers who want to make a charge can do so. They are exempt from the compulsion to do so and the reporting of that, which will be an obligation on those who are covered by the charge.

Barry Gardiner Portrait Barry Gardiner
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If small retailers charge 5p for a bag but are exempt, that will presumably constitute part of their revenue stream and they will have to declare VAT on that element of their income, whereas those who are not exempt will be exempt from declaring VAT. The exemptions are working directly counter to each other. Is that correct?

Dan Rogerson Portrait Dan Rogerson
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I have been having discussions with some of the organisations representing smaller retailers. Some small businesses have already chosen to introduce a charge voluntarily in local areas. That is a decision for them. We are talking about the difference between compulsion and an option to do so. When smaller retailers have chosen to introduce a charge voluntarily or as part of their business model, and to use the money for good causes, which is what we are expecting larger retailers to do, that will be a matter for them to decide. I want to talk about how we expect that money to be used because that is important and there have been discussions about that outwith this place.

As in Wales and Scotland, we hope and expect that retailers will give the proceeds of the charge to good causes. The Climate Change Act 2008 does not give the Government the power to determine what retailers do with the proceeds of the charge. We will require retailers to report to the Government the number of bags they give out, the amount raised by the charge and what they do with the proceeds. We will then make that information public. We expect that pressure from customers will ensure that the net proceeds, when reasonable costs have been deducted, will go to good causes. Many large retailers have already stated that they will give the proceeds to charities and publish details on their websites.

Barry Gardiner Portrait Barry Gardiner
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Given that retailers will be obliged to publish how many bags they have given out and how they have given the money from those bags to charitable causes, is it correct that it will be simple for anyone to calculate how much VAT will be related to the income derived from those bags? It will be a straight 20% to the Government, so why in paragraph 27 of their response to the Committee do they say that that will be a large additional burden on business?

Dan Rogerson Portrait Dan Rogerson
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Just for clarification, when the hon. Gentleman says burden on business, is he talking about small businesses that we are exempting from the charge?

Barry Gardiner Portrait Barry Gardiner
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I am referring to paragraph 27, which states:

“Requiring businesses to report specifically on the VAT on plastic bags would also introduce additional administrative burden for those firms involved.”

For that reason, the Government did not propose to follow the Committee’s recommendation to report on the VAT and to hypothecate that for the monitoring and effectiveness of the scheme. The excuse given by the Government for not doing so is that it would pose an additional burden on business, but the Minister has just told us that the business will have to report on the number of bags sold and the proceeds of that charge. Given that all one has to do is divide the proceeds of the charge by five, how is it that the Government use the excuse of that being an additional burden on business to avoid the Committee’s conclusions? It is simply a case of dividing by five the burden that has already been placed on them to report on the proceeds.

Dan Rogerson Portrait Dan Rogerson
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The reporting system will require retailers to report on the VAT that is paid. I understand the hon. Gentleman’s points, but I was covering the importance of where the money goes and our ability to state our expectations of that. As the Chair of Committee said in her opening remarks, the provisions that allow us to do that without requiring primary legislation are in the Act. That is the area in which we work.

Joan Walley Portrait Joan Walley
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I agree with the contradiction that has just been described by my hon. Friend the Member for Brent North (Barry Gardiner). If the Minister is not able to clarify that now, it might be helpful for the Committee to have clarification in writing later. The Government’s response to our report says that

“the Government intends to require retailers to publicise the number of bags sold and how the proceeds of the charge have been spent”,

and that they will make an announcement in due course. When will that “due course” be?

Dan Rogerson Portrait Dan Rogerson
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Does the hon. Lady mean reporting on what we have received? Does she want to know how the information will be published?

Joan Walley Portrait Joan Walley
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indicated assent.

Dan Rogerson Portrait Dan Rogerson
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With regard to the regulations on the scheme and the explanation of how the scheme will operate, we will be tabling the regulations in December. One of the hon. Lady’s other questions was about the timetable for implementation. It is still our intention to table the regulations by the end of this year and to have the charge come into operation in October next year. That timetable still remains and, obviously, we will have the opportunity to explore the operation of the system in Committee. Should the hon. Lady be a member of that Committee, we could debate any further questions she has, but the reporting of how that money is to be spent will come to the Government, because retailers will have to do it and make it public. I would be very surprised if companies that were taking the charge in and giving it to good causes did not wish to demonstrate clearly to their customers the purpose to which the money was being put. It would be rather strange for them to give money to good causes—I am sure many of those companies are altruistic—and not tell the public about the good causes to which they are giving money. We have seen other schemes in supermarkets in which, as part of their corporate-social responsibility, they demonstrate how they are supporting community activities in the local area.

Barry Gardiner Portrait Barry Gardiner
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Will the Minister give way?

Dan Rogerson Portrait Dan Rogerson
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I would like to make a little progress, if I may.

It is not only charities that stand to gain from the charge, because when littered, carrier bags cost all of us. They cost taxpayers in England around £10 million every year in clean-up costs. The hon. Gentleman and the hon. Lady mentioned biodegradability—my hon. Friend the Member for Truro and Falmouth, who is concerned about the marine environment, also mentioned it. The Government’s position is that there will always be a need for some plastic bags. People may forget their reusable bags or they may require a new bag to avoid contamination if they are buying raw meat. At the same time, we should aim to reduce the visual impact and the harm to wildlife if those bags go on to be littered. A bag that biodegrades into harmless products is clearly more desirable. That is why we are working with industry and academic experts to review existing standards and to set a suitably robust standard for biodegradable bags. Bags that meet that standard will be exempt from the charge.

Hon. Members have referred to bags that are already on the market and the challenges we face. Bags biodegrade in different circumstances in different environments. Those circumstances include hedgerows in the countryside and the marine environment, which we have talked about. We will need to be satisfied that there is a product that is biodegradable in the multiple circumstances in which it may be littered or find itself disposed of.

Barry Gardiner Portrait Barry Gardiner
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The Minister is being very generous giving way—I do like him so much and I find it difficult to be quite so difficult with him. He is absolutely right that, depending on the light available, plastics will degrade in differential ways, but standards could be set to allow bags to be used in different circumstances and different contexts. Is he seriously saying that, if someone lives or does their shopping within a mile of the seaside, they will not be able to get hold of a particular plastic bag, whereas if someone lives in Birmingham, that bag might be available to them? Context-specific measures cannot be applied in legislation in that way. We require a bag that does not just break down into small particles, because those small particles are ingested by birds, as well as fish and other marine organisms, and that is a key problem. Unless he can come up with an answer to that critical point, the exemption for supposedly biodegradable bags really does not wash.

Dan Rogerson Portrait Dan Rogerson
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I understand the hon. Gentleman’s point. He is absolutely right that it would be wrong to have different types of bag that biodegrade in different circumstances and then allow them to be sold in particular places—we are absolutely not doing that. We are talking about a product that meets a standard that covers that range of circumstances. That is the super-biodegradability aspiration.

Sarah Newton Portrait Sarah Newton
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I am pleased that the Minister is saying he will use scientific evidence before he makes that decision because, right now, such a product does not exist. I hope he will assure us that, even though he is creating a category of exemption, he does not anticipate any of the current products meeting it. As the science will show, he cannot give us an assurance that the plastics properly biodegrade in the marine environment. Because they do not do so, huge harm is being done. [Interruption.]

Dan Rogerson Portrait Dan Rogerson
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I thank my hon. Friend for her intervention and the hon. Member for Brent North for his sedentary remark about the criteria and specifications. That is why, in the regulations that hon. Members will see by the end of the calendar year, we must ensure that we can give everyone confidence that we understand that point. We must ensure that the biodegradability is of a sufficient standard to satisfy those concerns. However, we want to stimulate the industry to explore the potential for a product to meet the circumstances that I described. We want to stimulate it to innovate and come up with something to meet the standard.

Joan Walley Portrait Joan Walley
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Things get curiouser and curiouser. We have an exemption for something that does not exist, and we do not know what the criteria for it are or what the funding will be to incentivise the new procedure. We seem to have a hypothetical future technology that we are waiting to introduce, which will then surely require an equivalently hypothetical future recycling system. I wish the Minister would accept that. Why does he not go back to the drawing board and say, “Rather than having this hypothetical exemption, we will leave it as it is”? If in future that technology or innovation comes to the market, surely we can change the regulations.

Dan Rogerson Portrait Dan Rogerson
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Obviously, as I said, the hon. Lady will be able to study the detail of the regulation when it is tabled. The intention behind signalling the desirability of a product that meets the criteria is that that is an important and perfectly reasonable thing to do to stimulate investment in innovation. The hon. Member for Brent North has pointed out that we have studies under way, as is referred to in our response, first, on materials, and secondly on processes for reprocessing bags, to satisfy concerns in that regard. We have had the initial work back. We will review it and consider whether we want to take anything further forward.

Barry Gardiner Portrait Barry Gardiner
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On a point of clarification—

Dan Rogerson Portrait Dan Rogerson
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I want to make some progress and come to some of the other issues raised in the debate.

The Chair of the Committee was right to point out that, along with such a product, we need a standard to measure it and ensure that it is suitable. However, we would not be doing this at all if we were signalling that in no circumstances would such a product ever be exempt. The whole point of extending that possibility is to stimulate the discussion and innovation. That is the reason behind that aspect of the policy.

The hon. Lady also referred, as did her Committee, to paper bags. We are focusing the charge on plastic bags as part of a targeted and proportionate approach. Plastic carrier bags take the longest to degrade in the natural environment, can harm wildlife, as hon. Members pointed out, and are extremely visible in the environment because they take so long to degrade. Paper bags make up less than 0.1% of the bags distributed in the UK by the seven major supermarkets and can also biodegrade naturally in the open air. Of course, paper bags should still be reused a number of times before being recycled and should never be littered. We have analysed their life cycle—this addresses the carbon problem that the Chair of the Committee was keen to point out—but, because they make up such a small part of the overall number of bags used, we do not think that that will be significant, although they do have a part to play, for the reasons I have set out.

Joan Walley Portrait Joan Walley
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Will the Minister reassure the House that there has been a full appraisal of the long-term implications of that—one sufficient to reach the conclusions that he has just reached?

Dan Rogerson Portrait Dan Rogerson
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The assumption, from what the hon. Lady is saying, is that there might be a massive switch to paper bags and that therefore some of the littering issues and so on might continue even if biodegradability and the use of oil and so on—separate questions—are taken aside. I suggest that retailers, who are used to other forms of the policy in the Welsh jurisdiction, will make the charge part of the operation of their businesses. That was another of her questions—she mentioned working with retailers. We have had regular meetings with the British Retail Consortium and others. The fact that a system has been introduced in other jurisdictions means—the vast majority of those businesses operate across those boundaries—that retailers understand how such a system can work and will be prepared for it.

The hon. Lady mentioned the European Union. We are very pleased that the European Union has reached agreement on a robust plan for tackling the blight of plastic bag pollution, but with each member state doing what works best in its own circumstances. The negotiating position adopted by the United Kingdom Government was to safeguard that flexibility, so that member states can take systems forward in the way that is most suitable in their jurisdiction. That was at the heart of what we were trying to do.

Barry Gardiner Portrait Barry Gardiner
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Will the Minister assure the House that, when the Government said, quite properly, that they were going to pursue a charge on plastic bags, a company did not come to them and say, “Hold on a second. We think that we have a product that’s going to be developed that will go a substantial way towards meeting some of the problems with plastic bags, so can you tailor-make an exemption for us”? I ask that because it would be deeply concerning if there were any suggestion that the Government were passing legislation simply to facilitate a company bringing a product to market in that way. It would be good for the Minister to clear the air and say that that is definitely not the case.

Dan Rogerson Portrait Dan Rogerson
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As the hon. Gentleman may well be aware, the European Commission is committed to further research on oxo-biodegradable bags, and we will always use robust scientific evidence to inform our decisions. As I set out in our discussion about how things biodegrade in different environments, whether the marine environment or another environment, and the standards that we are seeking to set for our domestic policy, we are very clear that we would have a high barrier for any product to overcome to satisfy the exemption. This is not about taking one technology and saying, “We think that’s fine. We’ll make an exemption for it.” It is about saying, “We want a new sort of product that will overcome a high barrier.”

Barry Gardiner Portrait Barry Gardiner
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I want to give the Minister the opportunity to deny categorically that, when the policy against plastic bags was being put forward, a specific company came to the Government and lobbied and got the exemption put into the legislation. I understand what he is saying about standards and the benchmark—when standards are in place, they apply to everyone—but it is really important that the Minister stands up in the House and says, “No. The exemptions that we have put into this legislation are not a result of lobbying by a specific company that came to us once this process was under way.”

Dan Rogerson Portrait Dan Rogerson
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The hon. Gentleman has been a Minister, so he knows that decisions that are taken are subject to a process of discussion across Government, across all Departments. I can certainly say that the policy that we have taken forward is not to suit any particular company or any particular technology. It is to meet the obligation to improve environmental outcomes and to deal with the issues of litter, and to generate an income stream for good causes, which we have discussed. That is the focus of the policy.

In concluding my remarks, I thank hon. Members for their close interest in the policy.

Joan Walley Portrait Joan Walley
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Will the Minister give way?

Dan Rogerson Portrait Dan Rogerson
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No, I am concluding my remarks. I hope we can agree that the policy is a real step forward, for all the reasons we have discussed. I hope I have been able to reassure the hon. Lady and her Committee that we take all these questions very seriously, and that we will move forward on the basis of robust scientific evidence—that will be the basis of our decision—particularly on the question of biodegradability, which I know is of interest to many people. I thank her again for securing today’s debate, and the Liaison Committee for facilitating it. I also thank her for the work her Committee did on the policy.

15:58
Joan Walley Portrait Joan Walley
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May I say first that the Minister has been most gracious in allowing so many interventions? Perhaps that was more a function of the attendance at the debate, but it was very helpful in flushing out some of the issues.

We have had a very wide-ranging debate. I am particularly pleased to have heard the interventions from the hon. Member for Truro and Falmouth (Sarah Newton), who I know takes marine pollution concerns seriously. The contributions certainly from our Front-Bench spokesperson, the hon. Member for Brent North, and from the Minister have helped us perhaps not always to clarify, but certainly to be better informed.

Joan Walley Portrait Joan Walley
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I am not sure whether I am able to take interventions in the summing-up. I shall take guidance on that from you, Mrs Brooke.

Annette Brooke Portrait Annette Brooke (in the Chair)
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I will allow a brief intervention. I suspect that that will not be the case, but we do have time on our side, but this must be a one and only, not an inquisition.

Barry Gardiner Portrait Barry Gardiner
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I am grateful, Mrs Brooke. Was the Chair of the Select Committee concerned, as I was, not to hear an absolute, categorical denial from the Minister that the exemption was precipitated by a specific intervention from a specific company?

Joan Walley Portrait Joan Walley
- Hansard - - - Excerpts

I take note of what my hon. Friend says, and I was about to come on to that point. Before I do, it remains for me to say that the Environmental Audit Committee report was an informed one, and if our recommendations had been adopted, they would have resulted in proposals that were fit for purpose and easy to understand. That would have been a significant step forward. We do not feel that the Government’s proposals, with the exceptions that they contain, will meet the existing need. For that reason, I hope that the Minister will take away a little of the battering that he has received in the debate and put it to good use.

On my hon. Friend’s point about the oxo-biodegradable issues, I want to help the Minister. I suggest that it would be helpful, in view of the concerns that have been expressed during the debate, for the Minister to give the Environmental Audit Committee further written feedback on the meetings that have taken place. We need to know categorically exactly what lobbying there has been from any company that was involved in putting forward proposals. I think that that would put the matter straight, and I am sure that it would be possible with the help of the Minister’s officials. We are simply asking for full transparency on the matter.

I hope that the regulations will be introduced shortly, but they are not fit for purpose as they stand. We need something that is clearer and that will contribute to the overarching agenda that we need to protect our environment. I thank all who have contributed to the debate.

Question put and agreed to.

16:01
Sitting adjourned.