Climate Change Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 40 to 42. I shall speak also to the other amendments in this group and address Amendments Nos. 43A and 43B, which have been tabled in response to the clear views expressed by the Delegated Powers and Regulatory Reform Committee in its 15th report of the 2007-08 Session. The purpose of the first group of amendments is to achieve a significant reduction in the number of single-use carrier bags distributed in the UK. More than 11 billion single-use carrier bags are distributed each year. They have a direct environmental effect as a particularly visible form of litter when discarded irresponsibly, through the risk they present to marine life and the emissions that they generate from transport and waste management. However, their disposable, easily-substituted nature also makes them an iconic symbol of our throwaway society. By taking action on single-use carrier bags, we hope to catalyse other beneficial behaviour changes, including an increase in public waste awareness and greater participation in recycling by consumers. As announced in the Budget, we wish to take enabling powers to require retailers to charge for single-use carrier bags. However, before these powers are exercised, we want to give retailers the opportunity to pursue, on a voluntary basis, a significant reduction in the number of bags they distribute. We believe that we could achieve at least a 70 per cent reduction in the number of single-use bags distributed if a charge were introduced. The Government would be prepared to impose a charge if a similar reduction could not be achieved through voluntary action. The effect of the new clause introduced by Amendment No. 43 is to introduce a new schedule conferring powers on the relevant national authorities in England, Wales and Northern Ireland, but not Scotland, as requested by the respective devolved Administrations, to make regulations about charges for single-use bags. The specific powers are contained in the new schedule, which Amendment No. 78 introduces. It is split into three parts covering powers to require a charge for bags, powers to create civil sanctions in respect of sellers who breach such regulations and procedural matters. Part 1 of the new schedule provides powers to make regulations about charging for the supply of single-use carrier bags. It provides for regulations to: require sellers of goods to charge for single-use carrier bags supplied at the place where they are sold or for the purpose of delivering goods; define sellers of goods; define a single-use carrier bag; specify the minimum amount that sellers must charge for each single-use bag; appoint an administrator to administer the provisions made by regulations and confer appropriate powers and duties on him, including enforcement powers and duties; and require that records are kept of the amounts raised by the charge and the uses to which the proceeds are put. We will consult formally on these points of detail, prior to the introduction of secondary legislation. The first set of regulations will be subject to the affirmative resolution procedure. Part 2 of the new schedule contains provisions about civil sanctions. The provisions in Part 2 follow the model used in the Regulatory Enforcement and Sanctions Act 2008. Of the possible sanctions in that Act, we are proposing fixed monetary penalties, variable monetary penalties and compliance notices only. Administrators will be able to choose which sanction is appropriate on a case-by-case basis. We will not be creating any criminal offences and have proposed that any fixed penalty fines in respect of breaches of the proposed bags regulations be kept to a minimum of £5,000. There is, however, provision to require retailers to publicise the fact that they have breached the regulations. At this stage, I should like to bring to the attention of the House the government amendment to Commons Amendment No. 43, Amendment No. 43B, which ensures that any future regulations concerning the levels at which variable and non-compliance penalties are set will be subject to the affirmative resolution procedure. That was recommended by the Delegated Powers and Regulatory Reform Committee. The Government are grateful for its advice and are seeking to comply with it. Part 3 of the new schedule provides for the regulations to be made by a single national authority or by two or more national authorities as joint regulations. There could therefore be a single set of regulations covering England, Wales and Northern Ireland if the three authorities agree. It also disapplies the hybrid procedures to any draft regulations made under the powers contained in the new schedule as we are providing for the power to name specific retailers who will be subject to the charge. The same approach is taken in relation to the waste reduction scheme provisions in Clause 70(5). Amendments Nos. 52, 54, 56 to 59, 61 to 64 and 67 are consequential on the new clause and schedule. By tabling these amendments, the Government are responding to clear, strong public demands for action on single-use carrier bags. These enabling powers provide a powerful lever in our continuing efforts to phase out single-use carrier bags in favour of longer-lasting, more sustainable alternatives. The other amendments in this group—Amendments Nos. 40, 41, 42, 66, 77 and 80—relate to powers to allow for up to five pilot waste incentive schemes in England, as set out in Part 5. Amendment No. 41 ensures that the Secretary of State may exercise powers to make subordinate legislation or issue guidance under the waste reduction provisions separately to the designation of a specific pilot area. This ensures that the Government can provide a clear framework for pilot authorities wishing to pilot a scheme before they submit proposals. Amendment No. 40 is a technical amendment consequential on Amendment No. 41. When the House previously discussed the Bill, my noble friend Lord Rooker, who was the Minister in charge at that point, mentioned our intention to bring forward an amendment to clarify that a local authority’s duty to arrange for collection of household waste in England is discharged by collecting waste that is presented for collection in the way specified in a Section 46 notice to residents; for example, in a specified receptacle. Any waste left in contravention of a Section 46 notice need not be collected. Once a local authority has informed residents of how they should present their waste for collection—for example, by putting it in a bin—the authority need not collect any waste left lying outside that bin, the so-called side waste. Amendment No. 42, which would apply to all waste collection authorities in England and Wales, seeks to achieve this. As explained, such policies have been successfully operated by a significant number of authorities, with the support of their communities, using powers conferred by the Environmental Protection Act 1990. As part of a good overall service, they have helped householders to understand how much waste they produce and encouraged them to increase the amount that they recycle. In line with good practice, the Government expect that authorities will use all the powers available to them proportionately and sensibly, hand in hand with effective communications and support for residents. We do not believe that the sensible use of these powers should lead to uncollected rubbish building up in local communities. It is important to note that all authorities will continue to have to meet existing requirements to collect household waste. In addition, local authorities have a duty, under Section 89 of the Environmental Protection Act 1990, to keep land under their control clear of litter and waste. This approach is not a new one; Defra set out its position in a letter to local authorities in August 2005, but it has not always been clearly shared by all authorities, which is why it will be helpful for local authorities to have a single, clear point of reference in legislation. Amendment No. 66 is consequential on Amendment No. 42. Amendment No. 77 would ensure that the power to allow waste collection authorities to require an occupier to place waste for collection in receptacles identified by specified means—for example, by tags or stickers—is available only to those authorities in England which are operating a waste reduction scheme in their area. Finally, Amendments Nos. 80 and 81 would amend the Long Title of the Bill to reflect the addition of the subject matter introduced by Amendment No. 42. I clarify one point that I made earlier about fixed penalties for breaches of proposed bags regulations. I stated that the penalties would be kept to a minimum of £5,000. This was a slip of the tongue; I meant a maximum of £5,000 and apologise for that error. I commend the amendments to the House and beg to move. Moved, That the House do agree with the Commons in their Amendments Nos. 40 to 42.—(Lord Davies of Oldham.)