Committee stage & Committee Debate: 13th sitting: House of Commons
Tuesday 10th November 2020

(3 years, 5 months ago)

Public Bill Committees
Read Full debate Environment Act 2021 View all Environment Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 10 November 2020 - (10 Nov 2020)
Rebecca Pow Portrait Rebecca Pow
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Yes, taking up the baton on behalf of the Opposition. May I assure the hon. Member for Newport West that the Government have every intention of making regulations using schedule 4? The Bill creates producer responsibility obligations in respect of specified products or materials. That is one of a number of provisions that will enable us to take action significantly to improve the environmental performance of products across their entire life cycle—from the raw material used, to end-of-life management. Other powers in the Bill include our ability in schedule 5 to require producers to pay disposal costs for their products; our powers in schedule 6 to introduce deposit return schemes; and the powers in schedule 7 to set resource efficiency standards in relation to the design and lifetime of products.

The Government need the flexibility to decide what measures will best deliver the outcomes that we want. Imposing producer responsibility obligations in all cases may not be appropriate. The power is drafted in a way that gives us the flexibility to choose the appropriate measure or combination of measures for any product, and to decide which producers are obligated, the obligations on them, and the steps that they need to take to demonstrate that they have met their obligations.

In this instance, we will use these powers to introduce new regulations for producer packaging responsibility. That will increase the reuse and recycling of packaging and reduce the use of unnecessary and avoidable packaging. In 2019, we consulted with the devolved Administrations on proposals to reform the regulations, and we will consult again in 2021, so it is a lengthy process, but a lot of discussion has informed this. In the resources and waste strategy for England, we made commitments relating to updating our already up-and-running producer responsibility schemes on waste electricals, waste batteries and end-of-life vehicles; these powers are needed to implement those commitments. We also committed to taking action to address food waste.

Products vary. They have different supply chains, use different materials and have different impacts on the environment. That is why we need to be able to introduce product-specific regulations, using the appropriate powers. This power provides the flexibility to impose producer responsibility obligations where it is appropriate to do so, and that flexibility would be removed by the amendment. I therefore ask the hon. Member to kindly withdraw it.

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Reuse is immensely important in the waste hierarchy. It sits only marginally behind the reduction of packaging and the reduction of unnecessary elements in manufacture, by careful design, to ensure that a product uses the minimum amount of material that is compatible with that material’s life. If we do those things, we will have a complete waste hierarchy in operation. The two words that would be added by the amendment are essential components of that hierarchy. I am not saying anything particularly novel or different, because that is the process the Government have adopted in their waste strategy.
Daniel Zeichner Portrait Daniel Zeichner
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My hon. Friend speaks with passion and experience on this issue. This is not novel, so I have found myself wondering, exactly as he does, why those words have been excluded. Would he care to speculate on why the Government would choose not to have them in the Bill?

Alan Whitehead Portrait Dr Whitehead
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My hon. Friend, as always, makes an important point about what is and is not in the legislation. I would expect him to have similar views about other words. It seems plain to me that if the waste hierarchy is to be adopted, all the components of that hierarchy must be in the description. They are not there, and I cannot speculate on why not. It may be that those who drafted the Bill were not fully aware of the waste White Paper when they sat down late at night to write that passage. If they were not, they should have been. The amendment would offer an opportunity to rectify that omission. We are not suggesting that there was any malevolent intention; perhaps it is just an omission. I hope the Minister can oblige us by ensuring that the words sit proudly in the Bill, alongside Government policy.