Landfill (Maximum Landfill Amount) Regulations 2011

My Lords, these regulations are straightforward and well explained in the Explanatory Notes. Clearly, we need to do this. I am happy with the timetable, it all seems very sensible and if we do not do it, there will be infraction proceedings against us anyway. The Explanatory Note states at paragraph 8.1 says that consultation on the regulations did not ask for views on the interpretation or revised target, but on the policies needed to meet the targets. I do not wish to delay the Committee for very long, so my limited comments will be on the policy rather than on the new interpretation or revised targets, because those are straightforward. Before I get into detail, could the Minister let us know what proportion of waste going to landfill is food waste? There is a question on the Order Paper tomorrow where these issues are pertinent to food waste fed to chickens and in pig swill. As for policy, I know from the Minister’s comments during the Question in the main Chamber today that he is not a fan of targets. I understand that philosophical view. None of us is a great enthusiast for imposing targets on people, but if we are not going to use recycling targets to minimise the amount of waste going into landfill, I would be grateful if the Minister could set out what leverage he is going to use to ensure that it happens. I have heard, for example, stories about local authorities who, faced with funding constraints, are having to close recycling centres. What leverage is he going to have over local authorities to ensure that they meet their obligations so that England can play its part? As he knows, because this was pointed out earlier in the main Chamber, other devolved Administrations are retaining targets and indeed setting more ambitious targets than those set out in the regulations. It would be interesting to know whether Scotland, Wales and Northern Ireland overshoot their targets—which should be applauded—England could get away with undershooting, given that these are UK-wide regulations? Could it benefit from the more aggressive stance of the devolved Administrations? I turn to my final question, and I apologise that I am not completely clear in my research on this. It has been suggested to me that it is possible to export material that would otherwise go to landfill without paying any kind of tax, despite a landfill tax being levied in this country. If that is the case, are any conversations going on between Defra and the Treasury to ensure that there is no incentive for local authorities to export their waste to avoid paying tax?