Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026
Earl Russell Excerpts(2 weeks ago)
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Baroness Coffey (Con)
My Lords, I briefly want to congratulate the Government and to say, well done. I think this was first put forward eight years ago, and it is finally happening. I appreciate it is not happening until next year, but we need to recognise the long amount of time it took to get here. I hope the results will be very rapid.
Earl Russell (LD)
I thank the Minister for introducing these regulations, which we on these Benches welcome warmly. As the Minister is all too aware, I have raised the issue of waste crime in the House several times. I am genuinely pleased that these regulations are arriving as a crucial part of the of the long-term solutions we need to get control of our waste system and lock the criminals out.
As the Minister said, this SI does not arrive in isolation; it follows the Waste Crime Action Plan and the instrument beginning the rollout of real-time digital waste tracking. Together with the exemptions reform promised later this year and next April’s instrument completing end-to-end digital tracking ahead of the deposit return scheme, we are finally beginning to see the basic architecture this sector has needed for years, so that we can know who is moving waste and where it is going, and make sure our systems are fit for purpose. This is the first time I have been able to say that I am really hopeful and see a future and a way forward. I really do welcome this.
On the Environment Agency’s own estimates, around 18% of the waste in England passes through criminal hands at some point in its journey. This structural feature of the current system has been allowed to flourish for a number of years. As a result, we have a big historic legacy of waste sites that need to be cleared.
I note that the Environment Agency’s watchlist for high-priority sites has grown to 139 as of 10 July. I welcome this transparency but, again, this legacy still needs further work. I thank the Minister and officials in the Environment Agency for all their work and for the change of culture under this Government over the last 18 months or so. That is genuinely welcomed.
Turning to the instrument itself, as the Minister said, it replaces the older carriers, brokers and dealers’ registration system with a proper environmental permit split sensibly into three categories: waste controlling, waste transporting and combined activities, so that oversight can match risk rather than applying as a single blunt instrument. Gone, hopefully, are the days when it was possible to register your dog as a waste carrier. Permits will run for three years, and the Environment Agency gains real power to check before granting a permit, rather than acting only after the damage is done. It also gains powers to suspend and revoke. This is a genuine structural improvement.
I want to be fair to the Minister on timing—she has already spoken about this—but obviously, this instrument has been a long time coming. Consultations closed in 2022, but the delay is not down entirely to this Government, but to past Governments. It is great that this instrument is here.
I have several questions. On exemptions, how will the department ensure that charities and other low-risk categories are not quietly colonised by operators or organised criminal networks seeking to avoid scrutiny? Will monitoring be ongoing, not one-off assessments at the drafting stage? On interrogation, how will permitted regimes interact with the digital waste tracking that has already been rolled out? Obviously, a permit is only as good as the data behind it. On exports, illegal and misdescribed waste exports remain a major route for criminal activity. What assessment has been made of this instrument’s bearing on waste that should not be leaving our shores or that is doing so mis-permitted?
On funding and delivery, with £45 million in new money for the Environment Agency—we obviously welcome that—and several reform strands running in parallel, how will the Government monitor and review the programme as a whole, not just instrument by instrument, so that we know how the money is working and that it is delivering the results we expected? Does the Minister agree that we need overall benchmarks and reporting across this piece, as we are undertaking these various strands of structural reform?
On industry awareness, reform closes a loophole only if waste producers know that carriers need a permit and that there are checks that one is in place. What steps will ensure that businesses understand this, that they are encouraged to apply for the right permits and that they know what they need to do? I slightly worry that the resources for this information part of working with industry may not be sufficient for that structural change across the whole industry.
This instrument is to be renewed in three years’ time, so can the Minister confirm that at that point, proper checks will be in place to review what happened over the first three years, on an individual carrier and broker basis? A permit granted once and never revisited would simply not resolve the problem and could allow illegal activity to continue.
On transition, criminals and the organised criminal networks adapt quickly—sometimes much more quickly than Governments can. We have this 12-month window during which the old registration remains valid. In this transition period, what work is being done to make sure that that is not an additional opportunity for the organised networks to exploit the change of system?
None of this works without an Environment Agency properly funded and staffed to issue permits, monitor compliance and take enforcement action against those who ignore them. So what continuous review are the Government undertaking to make sure that the Environment Agency has the staffing, the computer systems and the ability to conduct all the tasks that it needs to do?
We absolutely welcome this instrument and are really pleased to see it. It is about time that we turned the tables on these organised criminals. The noble Baroness, Lady Sheehan, has a Private Member’s Bill coming up, and I encourage the Minister to work with her on trying to offer whatever support the Government can for it.
Lord Blencathra (Con)
My Lords, I thank the Minister for bringing these regulations before the Committee. I can be commendably brief—or briefer than I normally am—because we give a very warm welcome to these excellent regulations. We on these Benches have repeatedly raised waste crime and called for tougher measures against the perpetrators. During consideration of the Crime and Policing Bill, the Government did not support our amendments to give police the powers to seize the vehicles of perpetrators of these crimes. I am sure that, if the Minister were to draw this to the attention of the excellent, caring and meticulous Lords Minister for Crime and Policing, he might wish to reflect on this again.
Nevertheless, we welcome this step to better monitor the transportation of waste, taking into account which activities are low risk and which are high. These regulations are at least intended to ensure compliance and better identify criminal activity. I understand that the consultation demonstrated that a majority of respondents supported replacing the carriers, brokers and dealers’ registration system with this permitting regime under the Environmental Permitting (England and Wales) Regulations 2016. That said, can the Minister outline how the Government will ensure that businesses are made aware of the changes, as well as their ability to afford the costs involved, because there will be permit fees, registration fees, time costs, technical competence costs, tax, et cetera?
These regulations give more power to the Environment Agency, as well as responsibilities to issue permits. The increased enforcement costs are estimated to be £22.1 million, but the Explanatory Memorandum also states:
“The Environment Agency may benefit from efficiency savings”.
So can the Minister provide an exact figure for how these savings will be made?
More broadly, I come back to the one major quibble we on the Opposition Benches have had—making the National Crime Agency the lead in the joint unit on tackling waste crime. We are dealing with massive, organised crime here. I perfectly well accept and believe that if a farmer’s slurry tank leaks, the Environment Agency is the perfect body to investigate it, as with a leak from a factory.
Clean Water Bill: Chalk Streams
Earl Russell Excerpts(2 weeks, 1 day ago)
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Baroness Hayman of Ullock (Lab)
That is probably a cost for the water companies to assess.
Earl Russell (LD)
My Lords, I understand that the Government are on the verge of planning the NPPF. Does the Minister agree that it is more important that this is got right than got out quickly? She talked about making sure that we do something about the run-off from roads. Can she add any more detail to that?
Baroness Hayman of Ullock (Lab)
When the NPPF was revised fairly recently, for the first time it included a lot of positive actions on the environment—for example, about how it needs to be taken into account during planning. In fact, sadly, I keep a copy of it in my drawer so I can refer to it if I need to. I am pleased that we are continuing to revise it and to look at how planning and the environment work together rather than against each other. The noble Earl raises an important point about run-off from roads, and we need to look at that in more detail.
Farming Practices: Sustainable Farming Incentive
Earl Russell Excerpts(2 weeks, 1 day ago)
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Baroness Hayman of Ullock (Lab)
It is absolutely right that farmers need clarity and certainty, which is why we have brought in the 25-year farming road map. With regard to larger farmers, that is also why, from September, the SFI will be open to all farms. We are trying to encourage farms that had not previously taken part to come forward and be supported by the Government.
Earl Russell (LD)
We certainly do not see larger farmers as the enemy, but we are aware that small farms have particular problems in accessing these grants. So I kindly ask the Minister: what further measures are the Government taking to make sure that smaller farmers have the skills and the ability to access these grants?
Waste Management Carriers: Regulation
Earl Russell Excerpts(1 month ago)
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Baroness Hayman of Ullock (Lab)
One thing we need to do is to work more closely with local authorities, because waste collection and disposal is the responsibility of local authorities. Much of the problem is that carriers, brokers and dealers can get away with behaving irresponsibly, which is why we are looking at the current registration system. We need to make it harder for rogue operators to find work, fundamentally: if they cannot get the work in the first place, if they cannot get the waste to begin with, they cannot dump it. It needs to be tackled from all sides.
Earl Russell (LD)
My Lords, I thank the Minister for genuine progress that has been made; there is obviously more to do. My noble friend mentioned Bickershaw, a huge site mere metres from a school and from houses. The Government’s own record shows that there are at least 17 super-historic sites that blight their communities. Does the Minister expect that, under new leadership, more action will be taken to deal with this toxic legacy and clear up these historic sites?
Baroness Hayman of Ullock (Lab)
As has been mentioned, Bickershaw and other sites have been an absolute disgrace and a blight on local communities. That is why we are bringing in all the different initiatives I talked about within the waste action plan, why we are trying to give the Environment Agency more power and more ability to make arrests, and why we are looking at how to stop this at source. This is not going to be solved simply; we need to make sure that we tackle it from all sides. Whatever Administration we have going forward will be absolutely committed to do that, I am sure.
Hares: Close Season
Earl Russell Excerpts(1 month ago)
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Baroness Hayman of Ullock (Lab)
The noble Lord is entitled to his views on this, as everybody is. However, having looked at the evidence, my view is that a close season should run from the beginning of February through to the autumn.
Earl Russell (LD)
My Lords, on animal welfare issues, I declare an interest as a dog owner. Some 45% of dog owners report that their dogs feel fear from fireworks, and the majority of people who have horses similarly find that fireworks affect their animals. Can the Minister say whether the Government have any plans to bring forward legislation to restrict the decibel limit to 90 decibels, and to restrict the time that fireworks can be sold, so that pet owners and their pets do not suffer needlessly?
PFAS
Earl Russell Excerpts(4 months, 3 weeks ago)
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Baroness Hayman of Ullock (Lab)
I can assure the noble Lord that I am always happy to be brave when I can and I will encourage the department to push forward as best it can in this area. It is important and I recognise the huge concern both in this House and among the public.
Earl Russell (LD)
My Lords, the Minister said that this is a starting point and we broadly welcome that, and I note that she said that this is an extremely complicated group of chemicals used in many industrial processes. The Minister also spoke of Europe and the action being taken there. Fundamentally, the approach being taken in Europe is different to that being taken in the UK. Can I ask the Minister for further clarity about how we can have further co-operation with our European partners on these important issues?
Baroness Hayman of Ullock (Lab)
As the noble Lord says, the EU is developing a broad ban on PFAS. We know that industry is concerned about any plans being workable, which is why this is the starting point in working with industry to get it right. We need to see what the EU’s proposals are; we do not know yet. We are expecting it to announce an update next week, which will be followed by a consultation. I am sure that we will debate that much more in Parliament. But our plan is the starting point; we want to work with the EU. We are waiting to see what it comes up with. Then, I hope, we can be braver.
Global Biodiversity Loss and National Security
Earl Russell Excerpts(5 months ago)
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Earl Russell
To ask His Majesty’s Government what assessment they have made of the findings of the Nature security assessment on global biodiversity loss, ecosystem collapse and national security, published on 20 January.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)
My Lords, nature underpins our security, prosperity and resilience, and understanding the threats we face from biodiversity loss is essential to address them effectively. This important assessment provides strategic analysis that is designed to help government plan for future risks that may arise. The UK is already taking comprehensive action to strengthen resilience to environmental risks, both at home and overseas. The findings in the report will support and inform that action.
Earl Russell (LD)
My Lords, a nature security assessment was initially withheld and then only partially released following an FoI request. Given the gravity of its findings for biodiversity loss, ecosystem collapse and our future national security, will the Government now publish the report in full? What policy responses are being developed as a result? Will Ministers engage in open dialogue, both at home and with allies, that recognises the interlinked climate and nature emergencies as essential to our natural security strategy and future prosperity?
Baroness Hayman of Ullock (Lab)
It is important to note that this is a strategic tool and not a prediction of future possibilities. The idea behind it is to help government plan for future shocks that are credible enough to warrant preparation. The way it has been managed reflects standard national security planning for preparedness. On policies, we are taking comprehensive action to strengthen resilience to environmental risks, both at home and aboard, through various ways. Tree planting in England is at its highest rate, and we are restoring peatlands, improving water quality and protecting pollinators. We have introduced landmark legislation to protect our oceans. We are supporting food security with new technology and farming schemes that reward sustainable production, and we are also committed to providing international climate finance—I could go on. Maybe the noble Earl and I can pick this up in more detail after the Question.
Changing Weather Patterns and Floods
Earl Russell Excerpts(5 months, 2 weeks ago)
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Baroness Hayman of Ullock (Lab)
The noble Baroness raises some important issues. I am sure that, in referring to Hull, she is aware that the Minister for Water is a Hull MP and so is very aware of these issues. We are currently looking at our reservoir policy, because we need to consider how best to make use of the water that we have, future water storage needs and so on.
Earl Russell (LD)
My Lords, we have 89 flood warnings and 150 flood alerts in place today, and we extend our sympathies to all those impacted. The five wettest winters have all been since 1990. For every one-degree rise in temperature, the air can hold 7% more moisture. Climate change is a key driver of warmer, wetter winters. Is the key solution to this not an urgent return to the cross-party consensus on climate change and urgent action on adaptation, so that we can adequately address the climate emergency together?
Baroness Hayman of Ullock (Lab)
As someone who spent four hours baling to try to stop her house being flooded last November, I am completely in support of much of what the noble Earl is talking about. We have to take climate change seriously. We know, as I mentioned in the Answer to the first Question, that the report has indicated clearly that these issues are only going to increase. We in the department are working with other departments—this is not just a Defra issue—on how we can better tackle climate change so that future generations are safe.
Animal Welfare Strategy: Rural Communities
Earl Russell Excerpts(5 months, 2 weeks ago)
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Baroness Hayman of Ullock (Lab)
I am aware of the concerns around foxhounds. To reiterate, the consultation will look at all views and concerns. I urge people who have concerns around the future of foxhounds to take part in the consultation, so that point can be properly considered and discussed as we move forward on the manifesto commitment.
Earl Russell (LD)
My Lords, our rural areas are defined by their communities, of which farmers are undoubtedly a very important part, both economically and socially. However, imported meat products, often produced at lower animal welfare standards, are threatening their ability to make a living. Will the Government therefore look at ensuring that imported meat products are clearly labelled so that consumers can make informed choices to support British farmers?
Baroness Hayman of Ullock (Lab)
On the issues the noble Earl raised, I point him to two parts of the animal welfare strategy. First, we reference labelling. It is something that we will be looking at, not just on the issue he talked about but more broadly. There is a section on labelling. Secondly, we have a section on international impacts around animal welfare, which include trade. In the strategy, we recognise that animal welfare is a global issue, and we will continue to work internationally to champion high standards of animal welfare. That includes looking at how we manage our trade, because we have said quite publicly that we will not allow poor animal welfare standards to undermine our own standards here that our farmers meet.
Large-scale Waste Crime
Earl Russell Excerpts(6 months, 2 weeks ago)
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Earl Russell
To ask His Majesty’s Government what assessment they have made of the extent of large-scale waste crime.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)
My Lords, the Government are committed to tackling waste crime. The Environment Agency assesses all reports of waste crime and deploys its resources against the offending that poses the greatest threat, risk and harm. The Environment Agency recorded 176 active, high-risk, illegal waste sites at the end of March 2025. As with all criminal activity, understanding the true extent of waste crime is difficult due to its often covert nature.
Earl Russell (LD)
My Lords, organised waste crime is out of control, and there seems to be a reluctance to expose its true scale. In the five weeks since the Environment and Climate Change Committee’s report, more illegal waste sites were discovered than were previously known to the Environment Agency. Will the Minister commit to using remote monitoring and AI to survey the country and drive enforcement; hypothecate landfill taxes for cleaning up sites; and end the perverse practice of charging the Environment Agency landfill tax on the waste it removes?
Baroness Hayman of Ullock (Lab)
The Government are committed to the introduction of digital waste tracking, and the analysis of data that this brings will enable us to provide a significant asset for regulators and enforcement bodies in the fight that we have against waste crime. Additionally, the Environment Agency is looking at other technology-based opportunities to measure the levels of waste crime. That could use the potential of satellite-type technology and machine learning. We are providing the Environment Agency with extra, targeted funds. My officials are also working with the Environment Agency and the Treasury on the implementation of the proposed Environment Agency levy, and we will be able to update on that in due course. Of course, we will also continue to work with the Treasury on the landfill tax policy and keep under continual review how best to tackle waste crime, including considerations around resourcing.