13: Clause 1, page 2, line 1, at end insert—
“(e) a reduction in the use of conventional plastic packaging.(3A) In this section “conventional plastic packaging” means plastic products that are defined as packaging under EU Directive 94/62/EC, or its successor legislation, and which are not— (a) reusable;(b) recyclable; or(c) compostable as specified within the standard BS EN 13432 or BS EN 14995.”Member’s explanatory statement
This amendment specifies a reduction in the use of conventional plastic packaging as a priority area in which the Secretary of State must set a long-term target, which must be achieved over 15 or more years.
My Lords, in moving Amendment 13 I will speak to Amendment 30, standing in my name, and wish to support Amendment 28, whose objectives we share.
The pioneering Breaking the Plastic Wave report by the Pew Charitable Trusts and SYSTEMIQ, published last year, made for stark reading. Without concerted action to hold back the ever-increasing tide of plastic production and consequent plastic waste, we will see the annual flow of plastic into the world’s oceans triple by 2040. My amendments provide two opportunities to place in the Bill the necessity of clear UK targets for reducing the import and production of conventional plastic packaging in this country.
The Government, I know, want to use the Bill, once passed into law, to embed their world-leading environmental credentials at COP 26 in November. Agreeing to clear, enforced targets on the production of plastic packaging would genuinely be world-leading. I know that the Minister is likely to say that he shares our ambition to reduce plastic waste. If that is the case, it follows that we must reduce plastic production, which is the source of the waste. The Government must address both ends of the spectrum.
To be clear, in Amendment 30 we are seeking an immediate target on plastic production and imports, coupled with Amendment 13, which seeks to set a long-term target of the kind envisaged under Clause 1. The immediate target is the more important, since we must see a reduction in the production of conventional plastic as a short-term and long-term issue. This must not be a can to kick down the road.
I want to turn to the issue that marks out my amendments from the other in this group—recognition of the role of independently certified compostable materials in addressing part of the plastics crisis. The Breaking the Plastic Wave report was clear that there is no single solution to ending ocean plastic pollution. As I have said previously, a mix of approaches is needed, starting with producing less plastic, which is at the core of the amendments, and involving more re-use of the plastic that is produced and more recycling where possible. But recycling, like composting, is not a silver bullet.
My Lords, I take the opportunity given by my noble friend’s amendments to probe the Minister on government thinking about the relationship between the principles of polluter pays and extended producer responsibility. I do so by using an example that we touched on in the closing remarks in Committee on Monday.
About two years ago, not far from where I live, a well-known fast-food company opened a drive-through restaurant. Since then, the brightly coloured packaging from this company has festooned our lanes. The National Association of Local Councils says that this sort of littering and pollution, much of which is plastic, is a growing problem in rural areas.
Clearly the litterers are the polluters here; they are winding down their car windows and throwing the stuff out. Do the Government therefore think that this is an enforcement or educational matter, or that there is some extended producer responsibility here, given that the originator of the packaging being littered is the one profiting? I wanted to use this example to try to get some clarity from the Government about where they see the relative balance of responsibilities.
My Lords, I start by repeating something I said in the first day of Committee. This is a hangover from Monday, but the batting order is not satisfactory, because I want to speak to Amendment 28 and none of its proposers has spoken yet, so I cannot follow them. However, I am delighted to see the noble Baroness, Lady Boycott, in her place and hope she can come in after the Minister, because few in this House know as much about the problem as she does.
The noble Baroness, Lady Bakewell, covered the problem comprehensively. I was going to raise the point raised by the noble Baroness, Lady Scott of Needham Market, which is that we must take this opportunity not only to reduce the amount of plastic, but to curb the problem of plastic litter, which is spoiling the countryside in a way it never has before. This is particularly apparent with Covid and the pressures now on farmers, landowners and councils, because of the total disregard that a lot of people have for the countryside. They are happy just to dump their rubbish anywhere. This Bill must be used for that.
I would like to say a lot more about Amendment 28. I like that it does not attack all plastics, as they can be the right solution for the right good in the right place, but they are not great overall. We must find a way to reduce and recycle them better.
I am delighted to follow my noble friend. Like him, I think it unfortunate that we have not heard from those who have tabled Amendment 28. These three amendments have much to commend them. I also pay tribute to the work of the Government and, in particular, my noble friend Lord Goldsmith, who first took an interest in this in the Quality of Life group’s report, Blueprint for a Green Economy, which he co-authored with my noble friend Lord Deben. I am pleased to see that his messianic zeal continues to this day.
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I just press both the Minister and the authors of the amendments on what exactly the proposals to reduce single-use plastic involve. I have personally taken great interest in how we can reduce the use of wipes. I fear that women are the worst offenders; we use cosmetic wipes, baby wipes and now these antibacterial cleaning wipes, which we have all been purchasing and using during Covid. Perhaps the packets should say how to dispose of them. I know that water and sewerage companies are driven to distraction by wipes and ear buds being placed down toilets. This leads to blockages and untold difficulties. I am minded to table an amendment myself later if this is not covered, but could we have confirmation of whether single-use plastics will cover the use of wipes and plastic ear buds? I recall that the Government were going to ban the use of plastic ear buds. We managed perfectly well without them before and I am sure we can manage without them again in the future.
I echo some of the remarks of the noble Baroness, Lady Bakewell of Hardington Mandeville, in calling for substitutes to plastic. We imported the use of brown paper bags from America, but they drive me to distraction because, no sooner have you filled them than you go out in the rain and they disintegrate, if you are not going by car. The contents go on the pavement and you struggle to pick them up and use them again. I do not think brown paper bags will ever work, but what is wrong with the good old-fashioned shopping bag of my mother’s generation? I echo the noble Baroness, Lady Bakewell, who, in moving her amendment, said that we need to look seriously at long-term viable substitutes. I would like confirmation of the Government’s precise proposals, as well as the full extent of the amendments before us, regarding what is covered by single-use plastic.
My Lords, I speak to Amendments 28 and 30, and express my support for all amendments in this group. This is my first contribution on this ground-breaking Bill and I too welcome it. It is wonderful, in many ways, but there is also an opportunity for some tweaks here and there, which could make it a great deal more significant. I speak briefly in the hope that the noble Baroness, Lady Boycott, will indeed be able to speak; she has more knowledge in this area than I ever will, so my comments are limited.
I am sure that all Members of your Lordships’ House agree that plastic pollution in general is one of the greatest threats to our precious planet. I know that, between them, the four signatories will make this case very powerfully in general terms; my purpose is only to support their arguments strongly.
Amendment 28 is modest in the context of the enormity of the plastics problem. To take the example of just one plastic product, it is hard to get my head around the notion that, globally, personal care companies alone produce some 120 billion plastic sachets each year. Others have talked about putting them end to end, back and forth, to the moon 27 times. It is beyond one’s comprehension, but terrifying. These items are totally non-recyclable and, as the organisation A Plastic Planet tells us, there are many reusable and more environmentally friendly alternatives available. Surely the Bill needs to inject a degree of urgency into preventing the continuation of this situation. If there are alternatives, it is difficult for a simple-minded person like me to understand why we are being so careful or modest about this. Why cannot Ministers set a date by which no plastic sachets should be produced, for example? The same sort of eye-watering statistics apply to many other plastic products, including all forms of plastic packaging. They simply need to be replaced.
Yes, the amendment requires Ministers to set a target for the reduction of plastic use by 2030—and this is indeed most welcome—but it says nothing about the level of plastics use at which the target should be set. There could be a target of reducing use by 1%. I really hope that, before Report, we can work with Ministers to achieve an amendment that really would require the end of the use of single-use plastics by a specific date—or, at least, the end of the use of specified single-use plastic products by specific dates. Obviously, this has to be realistic—producers have to make plans—but, unless we make a very clear target for producing complete alternatives, they will not really know where they are. I have a feeling we can do a lot better. In the meantime, I do wholeheartedly support Amendment 28 for putting this crucial issue on Ministers’ agenda. I hope Ministers will, as I have said, be able to come up with something more robust—stronger—in time for Report.
My Lords, this is my first amendment, too, in the Environment Bill, and I also welcome it.
I was glad to hear the Minister state on the first day of Committee:
“The Government will periodically review targets and can set more, especially if that is what is required to deliver significant improvement to the natural environment in England.”—[Official Report, 21/6/21; cols. 93-94.]
I would ask the Minister to examine Amendment 28, to which I put my name, because it seeks a target for plastics pollution which would do just what he says: namely,
“deliver significant improvement to the natural environment”.
I echo the concerns of the noble Earl, Lord Caithness, about litter. I am especially concerned about microplastic pollution. It is a blight found in the highest mountains and the deepest oceans; it is choking our wildlife, creating gut obstructions in seabirds that cause them poor health and even death, and it is present in the food we eat and the air we breathe, posing a potential danger to human health from ingesting microplastics. There are fears that microplastics might inhibit the ability of our lungs to repair damage caused by Covid-19. I also support Amendment 30 from the noble Baroness, Lady Bakewell.
The Bill, as it stands, focuses very well on the end-of-life solutions to plastics pollution. These are, of course, very welcome, but this amendment adds to the Bill’s provision by targeting the problem of plastics pollution holistically. The Clause 1 target for resource efficiency and waste reduction is also welcome, but it will make only a partial contribution to reducing plastic pollution.
The problem is that products can be efficiently designed but and still create plastic pollution. Lightweight polystyrene packaging, polythene packaging and lightweight plastic bottles do achieve a reduction in resource but, when they are discarded, they create microplastic pollution. Litter from plastic bottles is estimated to contribute 33% of plastic pollution entering our oceans. Likewise, fishing nets are seen as resource efficient when made of plastic, as they last longer and use fewer materials. However, when they break and are discarded, they become floating traps for marine wildlife. Microbeads in plastics make the product work better but constitute 8.8% of Europe’s microplastic pollution. The Government have described this country’s microbead ban as world beating, but it covers only rinse-off products such as shampoo and toothpaste, and it still allows microbeads in the majority of cosmetics.
My Lords, as this is my first intervention at this stage in the Bill, I draw attention to my vice-presidency of the LGA and my professional interests, particularly in the construction sector, as well as my membership of the Country Land & Business Association. I warmly welcome all the amendments in this group, for the reasons that have already been given. I could not help a bit of a smile when I heard the noble Baroness, Lady Scott of Needham Market, refer to a well-known roadside fast food operator because, following the lockdown, I knew within about 24 hours that it had reopened by the nature of what was in the roadside verges near my home.
We can all recognise the utility of plastics, as referred to by the noble Earl, Lord Caithness. For many automotive, construction and household products, they perform a valuable, life-extending and efficiency function in many things that we use on a daily basis. But I wish to add my voice to those who have a fundamental concern about single-use plastics in general, their clear pathways into discards as litter and microplastics, and the fact that many are not recyclable at all or not generally recyclable in this country.
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As other noble Lords have referred to, this is made worse by the contamination caused by the contents of packaging and the juxtaposition of different plastic types, with recyclable and non-recyclable elements being used together. Worse, some of the recyclable items that conscientious households might wish to put in their recycling bin have either illegible plastic coding stamps on them or unremovable labels stuck over them. This makes it much more difficult to comply even with the dictates of one’s conscience when it comes to putting things in the right container. We really need to cease the use of non-recyclable and not commonly recyclable plastics, and the sooner the better.
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The current discourse around plastics recycling implies that a plastic bottle or food tray might become another bottle or food tray, but that is seldom the case. Plastics recycling is rarely, if ever, genuinely circular, but we should strive to recycle. When I was a leader in local government, I was proud to increase recycling in my area significantly. But we should not fool ourselves that recycling is a universal escape hatch from the planet’s plastic problem.
What the industry calls flexible films—the sort used in bags containing fruit and vegetables, or in pouches to keep dried fruit preserved—are very hard to recycle, not least because they are frequently contaminated with food. According to 2020 figures from WRAP, flexible plastic represents a quarter of all UK consumer plastic packaging but only 4% is currently recycled. We must attempt to improve on this. We have all found ourselves with a bag of salad in the fridge that has turned to mulch, or a microwave meal film covered in food. This kind of food contact packaging can seldom be recycled because of that contamination. Conversely, recycled plastics cannot be used in food packaging because of food hygiene laws.
It is right to conclude that a measure of substitution of conventional plastics with compostable materials is an essential part of the mix. Such materials must be certified as complying with stringent international standards, referenced in the amendment. The certification is undertaken by an organisation independent from the manufacturer, which assesses technical information about the product and produces an independent laboratory report on how samples of the product performed when tested, as specified in the standard. So long as it makes the grade, the product can then be recycled within the food waste stream.
There are around 45 composting sites in the UK that can handle compostable films, and there is good evidence from Europe to show that using them has three effects. First, the compostable films break down in industrial composting conditions without leaving microplastics behind. Secondly, deploying such films reduces the amount of conventional, polluting plastic that gets into the soil through food waste and achieves a reduction of conventional plastic in circulation. Thirdly, by deploying compostable films as packaging for food waste, we end up with less food contamination in the dry recycling streams, such as plastic bottles and trays.
Compostables can therefore play a key role in capturing biowaste and ensuring that food contact packaging biodegrades with its contents. Instead of being incinerated or sent to landfill, it is converted into high-quality compost and, in turn, used to regenerate our rapidly depleting agricultural soils. This is a win-win, and one that the Government should grasp. The recent Extended Producer Responsibility for Packaging consultation paper took a dismissive tone, rather than look at how an EPR scheme could and should be applied to compostables, so that the industry pays, as it is willing to, for the expansion in composting infrastructure.
All the while, global flexible plastic packaging is set to reach 33.5 million metric tonnes in 2022, with no viable end-of-life solution to dispose of it safely. That is only next year. Perhaps the Minister can say whether it is this waste that he is proposing to be the subject of trans-frontier shipments of waste. This is deeply frustrating to those represented by the Bio-based and Biodegradable Industries Association, including companies such as TIPA, which is investing in the UK market. It has come together with the association for renewable energy and clean technology, REA, and with anti-plastic campaigners A Plastic Planet to draw attention to the missed opportunities in the UK.
The intentions behind Amendments 13 and 30 are therefore twofold: to emphasise the commitment on these Benches to reducing the production of plastic packaging, and to make clear the need for a variety of solutions to reduce plastic pollution, here at home and globally. Compostable materials are part of the mix, and one the Government should recognise. Everyone has a responsibility to both reduce the use of plastic packaging and for its sustainable disposal. I hope that the Minister can provide a positive response and perhaps agree to meet me and the campaigners on this issue to find common ground and to strengthen the Bill on plastics. I beg to move.
Amendment 30 focuses on single-use plastic packaging. Again, the amendment is hugely important, although, in my view, modest. It requires Ministers, by regulations, to
“set a target for reduction in the production and import of conventional single use plastic packaging”.
But, again, it does not require a specific target to achieve a specified rate of reduction in the use of these products. Again, I wholeheartedly support the amendment for raising the vital issue and cannot see any reason at all why the Government would not accept this amendment—although, as I have said, I hope we can go further.
The Government have made a good start in this field and I want to applaud them—for the ban on plastics straws, stirrers and plastic-stem cotton buds, as well as the ban on microbeads. These are important steps forward, saving literally billions of these items finishing up in the oceans. But, of course, there are many other single-use plastic products. We now have face masks to add to the problem, which we find all over the pavements. What plans are afoot to deal with those?
Amendment 30 takes a more ambitious line indeed on plastic packaging than the Government’s planned tax on items that do not meet a minimum threshold of at least 30% recycled content from April 2022. Surely we should not accept 70% non-recyclable content in the future. Surely, again, we have to be more ambitious. I look forward to hearing the Minister’s response to these modest proposals. I was impressed by the Minister in our recent briefing meeting; it seems that he has a clear commitment to move forward on these agendas. I would like to think that he will want to work with noble Lords in developing stronger amendments before Report.
A plastic pollution reduction target on the face of the Bill will ensure the enforcement of measures such as a ban on maritime waste. Subsection (1) introduces a target to reduce plastic pollution that will ensure that major types of plastic pollution are not overlooked. The inclusion of the wording about reducing
“the volume of all non-essential single-use products”
avoids incentivising substitutions of plastics for other single-use materials, which the noble Baroness, Lady McIntosh, talked about. It works in tandem with my Amendment 139 to Schedule 9.
I hope that the Minister will see this amendment as a response to the Defra Minister’s reply to a similar amendment in the other place, in which she said that
“we actually want to see a more ambitious resources and waste target … which applies holistically to all materials, not just plastic.”—[Official Report, Commons, 21/1/21; col. 261.]
This amendment will realise this ambition by mitigating against the resource efficiency target when it does not deal adequately with the scale of the present plastics crisis. Proposed new subsection (2) sets outs a specific date for the new target—by 31 December—to align with the Government’s own target in Amendment 22. However, the Government have pushed back twice on long-term targets during this Bill’s stages in the other place. So this date seems like a compromise leaving room for further negotiations during the target-setting process. Proposed new subsection (4) reinforces the objective that a reduction in single-use plastics should not incentivise substitutions with other single-use materials that would create an adverse impact on the environment.
I understand that Ministers are concerned that it would be difficult to measure and monitor plastic pollution. Surely the OEP will be able to work with experts to devise the best way to measure, monitor and enforce a target. After all, such targets have been generated for such complex issues as carbon emissions. The Government are also concerned about the international nature of plastics pollution. Rebecca Pow has said that plastic pollution is a “highly transboundary issue” which needs to be tackled at an international level as part of a UN global plastics treaty. This is, of course, right. However, if this Bill is to be world beating, I hope the Minister will agree that this country must show the way by setting up its own domestic targets for plastic pollution. I hope the Minister will look favourably on this amendment.