Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020

Motion to Approve

Moved by

That the draft Regulations laid before the House on 19 May be approved.

My Lords, the instrument before your Lordships, the Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020, is being made to restrict the supply of single-use plastic straws, single-use plastic-stemmed cotton buds, and plastic drink stirrers to end users. An end user is the final recipient in the chain who will use the item for its intended purpose—for example, a customer using a straw to consume a drink.

We consulted on this measure between October 2018 and December 2018. On 22 May 2019, the summary of responses and the government response were published. A full impact assessment covering straws, and two regulatory triage assessments covering cotton buds and stirrers, are published alongside the Explanatory Memorandum. These regulations are a devolved matter and this instrument applies to England only.

I first want to address an issue raised by the Secondary Legislation Scrutiny Committee, which has now been addressed in the Explanatory Memorandum. These regulations were initially laid in March this year and were set to come into force in April. However, in light of the unprecedented situation this country has faced due to Covid-19, they were delayed to reduce the burden being placed on industry and to avoid adding further demands on local authorities. We decided to delay entry into force for a short time, while we were at the peak of the crisis. Delaying these regulations was only a temporary measure in response to the crisis. Our commitment to turning the tide on the widespread use of single-use plastics is as strong as ever, as we seek to limit our impact on the natural world.

Turning to the purpose of this SI, the Government are committed to eliminating plastic waste and pollution. Single-use plastic items are increasingly common, and their use and inappropriate disposal continue to raise significant environmental issues. Unlike other materials, such as paper or wood, plastic can persist in the environment for hundreds of years. When released into the environment, items such as plastic straws can endanger wildlife and damage habitats, as small plastic items are often mistaken for food by animals. Furthermore, plastic will eventually break down into microplastics, ending up in our soils and seas and permeating our food chains. The full impacts of the dangers of microplastics are still being uncovered.

Even when some single-use plastics are properly disposed of, they will typically end up in landfill or go off to be incinerated, which releases carbon into the atmosphere. Straws, cotton buds and stirrers in particular are unlikely to be recycled due to their small size, as sizeable effort is required to segregate and clean them. Therefore, action is needed to curtail the use of single-use plastics and their release into the environment.

The proposed measures in the resource and waste chapter of our Environment Bill will transition us towards a more circular economy and change the way that we use and consume resources. We have already seen a drop in demand for plastic straws and pledges from a number of corporations such as McDonald’s, Waitrose and Tetra Pak to find sustainable alternatives. These new regulations will support the voluntary actions being taken by industry, led by the UK Plastics Pact, while ensuring that all businesses move to more sustainable alternatives. Our current data shows that we use a staggering 4.7 billion straws, 1.8 billion plastic-stemmed cotton buds and 316 million plastic stirrers every year in England. This SI will drastically reduce the use of plastic straws, cotton buds and stirrers by an estimated 95%.

My Lords, this piece of legislation is sound and timely. I guess that most of us were aware of the plastics littering the seashores of Britain, but when we saw Sir David Attenborough’s “Blue Planet” series, and especially when he showed the effect of plastic on the marine environment and marine animals and fish, we were especially shocked. And it was not only us; the British public were really shocked. So when the instrument comes into effect, will the Minister ensure that that swell of support from the general public is built upon and that the British people are kept fully informed at every stage of its implementation?

My Lords, I welcome the regulations as far as they go, but I fear that the scope of exemptions for plastic straws may undermine their effectiveness and make enforcement harder. I recognise of course the need to provide exemptions for people with disabilities, but the exemption seems wider than necessary. Although catering establishments will not be allowed to display them, as I understand it, they will be able to provide them to anyone on request, whether or not they have a disability need. Can the Minister confirm whether that is the case?

Finally, what assessment has been made of local authority trading standards’ capacity to enforce these regulations? Does the Minister recognise the impacts of budget cuts to trading standards of up to 60% over the past decade? Will he urge his colleagues in the Treasury to provide local authorities with the funding to allow trading standards to enforce the laws and regulations that we pass in this House?

My Lords, I am pleased that, following an open discussion, the Government are putting forward the regulations, which I fully support. It is important for us to tackle plastic pollution and protect our environment, which needs looking after, particularly the oceans and beaches. It is estimated that over 150 million tonnes of plastic is in the world’s oceans, and every year 1 million birds and over 100,000 sea mammals die from eating or getting tangled in plastic waste. Furthermore, it is estimated that the plastic in the oceans will increase threefold in the next 15 years. What steps are we taking to remove plastic waste and stop it from entering the oceans?

Pollution is indeed a global problem. How are we working with or supporting other countries in tackling the issues? Are we supporting any research to modify the ways we manufacture and consume the items that pollute? Are there any outreach and educational programmes to encourage the young to reduce plastic consumption and marine litter?

My Lords, Sikh teachings stress the importance of living in harmony, respecting not only those of different creeds and beliefs but the earth and the environment that sustain us all. Sadly, over the years we have failed to respect a different pace of life and, in our short-sighted greed, we have done serious damage to our environment. Legislation to ban plastic straws, plastic-stemmed cotton buds and plastic drink stirrers is a small step in the right direction, although billions of these items are involved. Such steps can help nudge us to understand our wider responsibilities to our environment and to future generations.

My Lords, I cite to the Minister three pieces of research that have emerged since these regulations were drafted. First, on King George Island, off the north-east tip of Antarctica, microplastics were found in the intestines of Antarctic springtails, crucial soil microbes. Researchers said that microplastics are now an integral part of the soil food web. A University of Strathclyde study showed that microplastics are blowing ashore in the sea breeze. A University of Manchester study found 1.9 million pieces of plastic in one square metre of deep ocean floor—a key area for the breeding of sea squirts, which are filter feeders.

In introducing the regulations, the Minister said, “This turns the tide; this is a landmark moment.” Does he really believe that future generations, as they sift through the layer of defilement we have left on every inch of this earth, will say, “Oh, but isn’t it great that they banned straws, cotton buds and stirrers in 2020?”

My Lords, the Food and Drink Federation’s response to the consultation exercise urged caution by the Government, requesting them to take a holistic view of the wider pressures faced by industry at this time, along with the attendant risks, including the proposal to introduce a deposit return scheme and reform of the packaging producer responsibility legislation. Is the Minister able to update the House on those proposals? While I welcome the regulations, can the Minister also explain whether the ban covers all types of plastic straws, including those carrying a biodegradable or compostable stamp? If so, would it not have been better for the Government to have concluded their work with UK Research and Innovation and industry to seek evidence on the demand and benefits of bio-based and biodegradable plastics that can be decomposed by the action of living organisms, before imposing a ban on these environmentally friendlier alternatives as well?

The ban on these items was initiated by the former Prime Minister at a Commonwealth summit over two years ago—a long time coming but at least it is here now, at an increasingly serious and difficult time for the UK. Can the Minister say what estimate his department has made of the increase in plastic waste as a result of the pandemic? Is the department still committed to eliminating avoidable plastic waste? Why are we still waiting for the introduction of a deposit return scheme for drinks containers to incentivise people to recycle more plastic? Since the pandemic began, single-use has increased, exploited by some companies, which claim that it shows single-use, and often single-use plastic, to be the safest option. The science does not back that up; the virus can live on single-use surfaces as well.

The Welsh Government are currently consulting to restrict single-use, hard-to-recycle and commonly littered plastics and help move Wales towards a circular economy. We have often been at the forefront of these things. The longstanding commitment is outlined in Beyond Recycling. Today, I support the speedy introduction of these regulations for England and argue for a review of the regulations after 12 months.