(1 day, 20 hours ago)
Grand CommitteeThat the Grand Committee do consider the Environmental Protection (Wet Wipes Containing Plastic) (England) Regulations 2025.
Relevant document: 37th Report from the Secondary Legislation Scrutiny Committee
My Lords, these draft regulations were laid before the House on 16 September. I welcome the chance to set out the action that this Government and the devolved Governments are taking to ban the supply and sale of wet wipes containing plastic right across the UK.
The Government are committed to bringing forward root and branch reform of the water system to secure better outcomes for customers, investors and the environment and to restore trust and accountability. A key part of this is enabling pre-pipe drainage and wastewater solutions, including better management of our rainwater and preventing pollutants entering the sewerage network and our waterways. Banning wet wipes containing plastic is integral to this ambition.
Wet wipes containing plastic are a growing source of plastic pollution. They are often found in our natural environment, including in waterways and on our beaches. They break down into smaller pieces when in the water, contributing to microplastic pollution, which may be harmful to human and animal health. Banning them will reduce plastic and microplastic pollution as well as the volume of microplastics entering wastewater treatment sites when wrongly flushed. This is part of a wider commitment to encourage more sustainable behaviour around the consumption of single-use plastic. Ultimately, we want to encourage a shift towards reusable and/or plastic-free alternatives. In our 2023 public consultation, 95% of respondents agreed or strongly agreed with the proposed ban on wet wipes containing plastic.
I thank the Minister for introducing this instrument proposing the ban on the supply and sale of wet wipes. There is no doubt that there is a significant and ongoing problem with wet wipes, and I agree that urgent action is needed to ban the sale and supply of wet wipes containing plastic fibres. These regulations on banning wet wipes which contain plastic allow sensible exemptions, including for medical and industrial uses, to ensure that wet wipes containing plastic can still be supplied when necessary and where there are no viable alternatives.
Nevertheless, banning plastic wet wipes will go some way to helping reduce marine litter, decrease pollution and support progress towards a zero-waste economy. Manufacturers must be called to account and stop labelling wet wipes as flushable or disposable. They must be improved with clear and precise labelling, because misleading labelling makes misleading claims and causes confusion with the general public—ultimately, we see blockages in sewers, flooding and environmental damage triggering storm overflows, as well as harm to marine and animal health. It is imperative that action is taken to reduce the amount of microplastics entering our waterways and destabilising our marine ecosystems. Labelling is non-negotiable. It has to change, with clear labelling saying: “Do not flush”.
Further, I would like to see His Majesty’s Government bring forward legislation to ban plastic wet wipes earlier, in 2026. The Government say they are committed to tackling plastic pollution internationally, but they still allow manufacturers to export wet wipes containing plastic and imports of the same. It seems at odds with Defra’s claim that the Government are taking steps internationally to tackle plastic pollution. When do His Majesty’s Government expect a full transition where medical needs are no longer affected and wet wipes across the board no longer contain plastic but are urgently phased out? I look forward to the Minister’s response.
I am delighted to see these regulations, but I agree with my noble friend Lady Redfern that it is sad to see that they will not come into effect until May 2027 at the earliest. It has been a while since the original consultation happened. To give a bit of history, when I introduced the consultation, we were chided for not getting on with it and asked why we needed another consultation. The reality is that the law required one. Admittedly, the response to the consultation given on 22 April 2024 said that there would be an 18-month transition period from when the legislation happened, but it was expected at the time that the legislation would come in before the end of 2024. Given that manufacturers have known since before 2023 that both the previous Government and the current Government when they were in opposition were minded to ban these wet wipes as quickly as possible, why are we not seeing this come into effect until 2027?
My noble friend Lady Redfern referred to medical exemptions. I am conscious that there will be detailed explanations of why particular kinds of machinery need them, business-to-business exemptions and some other characteristics, but the NHS continually relies on plastic and there seems to be very little incentive for the NHS to get off it. We need to consider disincentives for the NHS to continue its use of this multitude of products—wet wipes being one—where it seems to get an exemption time after time. Instead, we should consider a further levy on these products to incentivise take-up of and research into other products to do the jobs they are designed to do.
For what it is worth, I disagree with the RPC being dismissive about why Parliament is not being asked to exempt small businesses. It is absolutely right that we are not; there is absolutely no reason for these products to be in circulation, apart from what the Minister has already explained about some technical exemptions being required at the moment. I would be grateful if she would help me understand why—I am not criticising; I know there is a busy legislative timetable—recognising that notice had been well and truly given to manufacturers, we are not banning them until May 2027, in effect. Otherwise, I am supportive.
My Lords, I thank the Minister for her clear introduction to this SI. I join the noble Baronesses, Lady Redfern and Lady Coffey, in expressing disappointment about the slow pace at which this measure is being brought in; of course, Wales is ahead of us. I also join them in welcoming what is, I am afraid, a modest step forward.
It is worth noting that, as the noble Baroness, Lady Coffey, said, this is what the previous Government were planning to do anyway. It is disappointing that this new Government are not going any further. We had a Government who came in promising change and environmental measures; we might have expected to be going further than this statutory instrument is going now. We have to think about where we are now. We are all aware of the island that appeared on Google Earth and was, significantly, the result of wet wipes. I have seen different figures but at least two-thirds—perhaps more—of the wet wipes being sold now do not contain plastic. This is not going to solve the sewage problem; that is terribly clear.
What does that sewage problem mean? It is not just about things that happen in London and get lots of coverage. In September, the BBC reported that Northumbrian Water was finding under its coverage areas that were severely affected by sewer flooding. Effluent was being pushed back up through sinks, showers and toilets. One of the staff members dealing with the people affected spoke about how this really impacted on people’s lives and well-being. Wet wipes are a serious problem—not just a financial problem or an environmental problem but a problem in people’s lives.
The noble Baroness, Lady Redfern, referred to the fact that terms such as “biodegradable” and “compostable” are used inappropriately by manufacturers. If you look at the packaging, you see “99% water”, “plant-based” or a lovely symbol of two hands cradling the earth. That may not be illegal, but we have to ask: how do we get the packaging right so that people understand that they should never go in the toilet? I note that, here in your Lordships’ House—at least in some of the facilities I have been in—there are clear labels saying, “This is a problem, please don’t do it”. If the message is not getting through in the Houses of Parliament, it is perhaps not surprising that it is not getting through in the rest of the country. There is real concern that, as this statutory instrument comes into effect and people hear, “Oh, it’s all right. Isn’t it good that they’ve banned plastic?”, people are more likely to feel that they are able to flush these items.
What do you need to biodegrade one of these products? It works best in temperatures of about 30 degrees Celsius; I think I can safely say that we do not have a lot of sewers at 30 degrees Celsius. A 2023 paper by scientists from Cardiff University concluded that most flushed, so-called biodegradable, wipes do not really degrade. Most of them are made from cotton-based or wood-based cellulose fibres. There is a further problem here in that, when they are put into water, it changes the balance of nutrients, takes oxygen out of the water and increases the risk of fish suffocating. These wipes are a problem in so many different ways.
Can the Minister say what further measures the Government are considering? I know that there is a three-year review under this SI, but that is three years more of the kind of damage and human and environmental suffering that I have been talking about. On the figures, I am looking now at a graph of the expected sale of wet wipes from 2024 to 2032. It is a steep upward curve. Are the Government considering whether we really need all those wet wipes? Perhaps parents have become used to using wet wipes—we can all feel sympathy for new parents and the challenges they face—but what about make-up wet wipes or household cleaning wet wipes? Are these things that we really need to be selling in the UK? Are the Government considering further action sooner than in three years’ time? The Minister referred to the extended producer responsibility scheme; surely we could include all wet wipes in that now.
I have a specific question. I note that the impact assessment refers to plastic using the UK REACH definition, but the Marine Conservation Society has a specific question about whether lyocell and viscose are recognised as a form of plastic under that definition. The Marine Conservation Society says very clearly that they should be recognised as such because that is how they behave.
My Lords, I thank the Minister for her positive introduction to this important SI. Plastic and microplastic pollution is a scourge of the modern age that did not exist when I was a child, and which must be tackled effectively if we are to save countless species. Unlike many previous SIs I have spoken on, this one has a thorough impact assessment. Although I cannot claim to have read all 55 pages in depth, it was clear enough to provide easily accessible information.
Wet wipes are responsible for a disproportionate number of blockages in our sewage system. They also litter the banks of our rivers and streams, and cause huge pollution on our seashores.
I am grateful to the Marine Conservation Society for its brief. Currently, 11 billion wet wipes are used every year in the UK. Some 54% of UK beach cleans found wet wipes, of which nearly two-thirds contained plastic. Despite wet wipes being marketed as flushable, many do not break down in water and, as we know, end up as sewage and other debris on our beaches and in the sea.
I am concerned that the enforcement and policing of this SI is again down to local authorities and trading standards officers, at a time when local authority budgets are under some of the most severe pressures they have ever faced. Can the Minister say whether local authorities will receive extra money for this increased responsibility?
I am sympathetic towards the Government’s intentions in this SI, but I feel that an opportunity is being lost and that more could be done at this time—something to which nearly every speaker has referred. A ban on plastic in wet wipes is welcome but, in terms of labelling, is it not time for all wet wipes to be classed as unflushable and for that to be said in large lettering on their packages? With childcare wet wipes being responsible for 18,477 million items in 2021, they are by far the largest consumer. It cannot be much more effort for a parent or carer to put a used wet wipe in a rubbish bin than it is to flush it down the toilet; I am pleased that the noble Baroness, Lady Coffey, agrees with me on this.
Every baby and small child deserves the right to grow up in a society where plastic is not ruining the environment and overloading our inadequate sewage systems. Larger, adequate signing on the packaging would make a huge difference in ensuring that no wet wipes enter the sewage system. This would include those made from lyocell and viscose being treated the same as plastic, as these materials take a long time to decompose; the noble Baroness, Lady Bennett, referred to this.
The IA makes it clear that microplastics are damaging and disrupting our aquatic systems, resulting in the extinction of some marine organisms. Wet wipes are one of the chief culprits here. Although I support this SI, I ask the Minister: why have the Government not gone further and banned all wet wipes, even those with no plastic content, being flushed? This is a missed opportunity.
The table on page 12 of the IA shows that those using wet wipes for cosmetic purposes are getting the message. In 2018, 2,485 million wipes were used for cosmetic purposes; this had dropped to 1,205 million by 2021. Although that is still a huge amount, it shows that some consumers are reading the packaging and attempting to play their part.
Again, the IA informs us that humans consume 5 grams of plastic a week—the equivalent of a credit card—with microplastics. This is horrendous. As microplastics are also being found in human blood, surely it is time to take this issue more seriously. This ban is not being implemented for 18 months, which is too long; six months is plenty of time for such a ban to be introduced. Those currently using wet wipes will continue to do so regardless of whether they can flush them or bin them. The Environment Act calls loudly for the polluter to pay, and this instrument moves us some way towards that goal—though not quickly enough.
I welcome the Minister’s comments on the impending strategy on plastics, which I look forward to. I agree with all of the comments made by previous speakers, and I look forward to the Minister’s comments on this vital issue.
The Earl of Effingham (Con)
My Lords, His Majesty’s loyal Opposition are supportive of these regulations, which seek to ban wet wipes containing plastic. We commend the Government on pressing ahead with this important measure, which was first initiated by the previous Conservative Government in 2024. It is both a long-overdue and necessary step in tackling the scourge of plastic pollution, which finds its way into our rivers, on to our beaches and, ultimately, into our oceans.
These regulations are sensible, proportionate and practical. However, while this statutory instrument will eliminate one major source of plastic pollution, it will not solve the wider problem of what we are flushing down and into our sewer system. Wet wipes and other waste continue to create enormous fatbergs in our sewers. Oils, grease and wipes congeal into solid mounds that block the network, leading to flooding and enormous clean-up costs. Water UK tells us that 93% of sewage blockages are caused by wet wipes, costing around £100 million per year to clear. We have seen gruesome evidence of this: the 250-metre fatberg in Whitechapel in 2017, which weighed in at 130 tonnes, and, more recently, the so-called wet wipe island on the Thames near Hammersmith Bridge.
Even so-called plastic-free wipes are not a simple solution. Whether they are made from cotton, bamboo or viscose, they remain single-use products with significant environmental footprints and the liquids they contain often include palm oil or chemical preservatives that can damage our rivers. Nor does “biodegradable” mean what many people assume it does, as highlighted by the noble Baronesses, Lady Redfern and Lady Bennett. In laboratory tests, everything eventually breaks down, but our sewers are not—and should not be—laboratories. As the Rivers Trust has pointed out, these wipes are not designed to disintegrate quickly, so they continue to block pipes and form fatbergs. The only gain is that they no longer shed microplastics.
While His Majesty’s loyal Opposition fully support this ban, we must not imagine that it will end the fatberg menace. Plastic-free wipes, whether cleaning, make-up or baby wipes, behave nothing like toilet paper. They cling to grease, oils and other debris, creating the vast sewer monsters that cost millions to remove and drive up consumers’ water bills. Only last month, Thames Water cleared a 100-tonne fatberg from a sewer in Feltham in west London. Some 10 metres below ground, engineers had to blast, chisel and vacuum out 125 metres of congealed fat, oil and wet wipes—a blockage weighing as much as eight double-decker buses. The waste had to be craned out in skips and sent to landfill. Thames Water described the clearance as “hugely complex” and reminded us that, while some fatbergs weigh the same as 25 elephants, most blockages begin in small local pipes where sewage can back up into our streets, our rivers and people’s homes.
What can we do? Either we press manufacturers to create wipes that truly disintegrate or we accept that fatbergs, floods and higher water bills are here to stay. This statutory instrument is a necessary and welcome step and we commend the Government on carrying forward the initiative begun in 2024, but please let us not assume that our drains will run clear all of a sudden. Until both product design and public habits change, the fatbergs will keep on coming.
My Lords, I thank noble Lords for taking part in today’s debate and for their contributions. I am very pleased to have had the opportunity to bring this important debate to the House of Lords. It has been a really interesting discussion. I am grateful for the broad support but, clearly, there is a range of views as to how best to introduce this measure and what it should contain. It is clear that we are all quite passionate about this, so it has been a really good debate. I will try to pick up most of the issues and questions raised.
A number of noble Lords asked about the issues around manufacture. Banning the supply and sale of wet wipes containing plastic is in line with most other recent single-use plastic bans where manufacture of the products has not been banned. One problem is the size of the wet wipes industry in the UK, and because of that we need to act carefully to ensure the ban is both proportionate and effective, much as the noble Earl just said.
We need to mitigate any economic impact of the ban and reduce the possibility of job losses in the industry. It is also important, however, that our domestic wet wipes manufacturers remain competitive in international markets; I will come to that later. We want to continue to encourage manufacturers to move to a position where all their wet wipes are plastic free. Most manufacturers have already started this transition to producing plastic-free wipes; the noble Baroness, Lady Coffey, talked about the amount of notice they have been given. I confirm that we are not ruling out a ban on manufacture at a later date. We will consider whether this is necessary once the ban on supply and sale has come into force.