Wales – Proposed Bill on Waste Reduction On Wednesday 5 April 2017 the Welsh Assembly debated Simon Thomas’s proposal for a Bill on waste reduction (Motion NDM6227). Simon Thomas is the Plaid Cymru Shadow Minister for Sustainable Communities, Energy and Rural Affairs. He speaks for his party on Environment, Food and Rural Affairs, Transport, International Development, Energy, and Culture, Media and Sport. He also acts as Whip for his three parliamentary colleagues. His constituency is Carmarthen West and South Pembrokeshire. The purpose of the Bill would be to reduce waste through: 1. Introducing a Deposit Return Scheme 2. Banning or introducing a levy on polystyrene packaging in Wales The underlying policy objective is a desire to meet the Welsh Government’s target to reduce waste by 70 per cent by 2025, and, to reach zero waste by 2050. Arguments made by Simon Thomas DRS o Not everyone recycles – this will incentivise them o DRS will increase quality – which can be refilled or recycled o Will save local authorities money – lower household waste management fees, street cleaning fees, etc. o Other countries have it – e.g. Germany – 98.5% recycling & reduction in litter o Wales’ marine environment is being degraded by plastic Polystyrene o Marine environment issues o Main source of litter o Not recyclable o Environmentally friendly alternatives available but are more expensive – lists 'biodegradable containers, refillable containers, and even edible containers’ o Other countries are doing it (e.g. US) o Carrier bag charge – reduced use of carrier bags o Supports Bevan Foundations proposals for a polystyrene tax Debate Jenny Rathbone, Labour member for Cardiff Central o Supported this ‘excellent idea’, voiced concerns on black trays and suggested a the ‘polystyrene tax should be extended to any plastics that are not recyclable’ Siân Gwenllian, Plaid Cymru Shadow Minister for Local Government, Welsh Language, Equalities and Planning, Arfon o Agreed with the proposal on a litter & environmental basis, claiming ‘Polystyrene is worse than plastics, because there is increasing evidence that chemicals in May 2017 – BPF Members Briefing Page 1 of 4 polystyrene can be carcinogenic as well as damaging and being harmful to our wildlife and marine life.’ David Melding, Welsh Conservatives Spokesperson for Environment and Sustainability, Planning, Housing and Wales Bill, Vale of Glamorgan o No objection in principal, but we need to consider the practicalities – infrastructure, extra journeys etc. Huw Irranca-Davies, Labour/Co-operative, Ogmore o Supported extra requirements for food procures and retailers on the basis of marine damage Jane Hutt, Labour, Leader of the House and Chief Whip o Noted the purpose of packaging and some positive points o Indicated also indicated the Welsh Government’s intention for packaging producers to pay more under Extended Producer Responsibility following a government consultation to review the Waste Strategy from 2010 Motion passed The motion to a) note the proposal for a Bill on waste reduction and b) note that the purpose of the Bill would be to reduce waste through placing requirements on food producers and retailers in respect of packaging was passed by 34 For, 0 Against (12 Abstaining – the Government abstained on the basis that the Bill may not be in the legislative competence of the Assembly) Watch the debate 15:06. View the votes (NDM6227). Read the transcript 15:06. What happens now? The vote was not binding; the debate was an opportunity to test ideas outside of the legislative process to gauge support. Simon Thomas, as a Member of the Assembly who is not in government, may only introduce legislation if the Bill is selected in a Members Bill Ballot. Simon Thomas has entered the Members Bill Ballot with his proposed Bill on waste reduction (Step 1 in the process – see Appendix C). He has not yet won the ballot. To proceed to the next step, he must win the Members Bill Ballot – this is drawn by random means. The ballots are conducted at the Presiding Officer’s discretion and there is not yet a planned date for the next ballot. However, the debate and vote demonstrated a clear level of support for general idea of a Deposit Return Scheme and an economic restriction on polystyrene. There were no objections and the government only abstained due a need to assess legislative power, whilst agreeing in principle. Given the 2016 Petitions Committee debate and the pending Welsh government consultation (15:26) on Extended Producer Responsibility, the industry should not discount the possibility that the Welsh Assembly will seek to enact legislation that either: restricts or penalises the use of certain types of packaging or introduces economic measures aimed at increasing recycling and/or reducing litter May 2017 – BPF Members Briefing Page 2 of 4 Appendix A – Voting summary For: 34 Against: 0 Abstain: 12 Rhun ap Iorwerth Mick Antoniw Mohammad Asghar Alun Davies Gareth Bennett Mark Drakeford Hannah Blythyn Rebecca Evans Dawn Bowden Vaughan Gething Michelle Brown Jane Hutt Jayne Bryant Lynne Neagle Hefin David Rhianon Passmore Andrew R.T. Davies Carl Sargeant Paul Davies Ken Skates Suzy Davies Joyce Watson Russell George Kirsty Williams John Griffiths Llyr Gruffydd Sian Gwenllian Neil Hamilton Mike Hedges Vikki Howells Huw Irranca-Davies Mark Isherwood Bethan Jenkins Dai Lloyd Neil McEvoy David Melding Jeremy Miles Darren Millar Eluned Morgan Julie Morgan Jenny Rathbone David Rees David J. Rowlands Simon Thomas Lee Waters Leanne Wood May 2017 – BPF Members Briefing Page 3 of 4 Appendix B – Government in Wales The Welsh Assembly is made up of 60 Members. Labour is currently in Government. The Party make up is shown below. A full list of members can be found here. Row Labels Count of Party Labour 29 Conservative 11 Plaid Cymru 10 UK Independence Party 5 Independent 3 Liberal Democrat 1 Presiding Officer 1 Total 60 Appendix C – Legislative Process in Wales Members of the Assembly who are not in government (such as Simon Thomas) can propose law through a Members Ballot Process. Simon Thomas’s proposed bill is currently at Step 1. Members Bill Ballot process: Step 1 Enter Ballot: Non-Government Members of the Assembly enter the ballot with idea (other than taxation) o Current list of pre ballot proposals Step 2 Win Ballot: The ballot is a kind of raffle (Members do not vote, it is drawn through random means). The Assembly Member who wins the ballot will then be able to call for other Members to support their idea, through a vote. Step 3 Leave to Proceed Debate & Vote: o Members debate and vote on the motion seeking leave to introduce a Bill. This is called a ‘Leave to Proceed debate’. o Along with the motion, they must table an Explanatory Memorandum, which sets out: . the proposed title of the Bill; . the policy objectives of the proposed Bill; . details of any support received for the Bill, including details of any consultation carried out; and . an initial assessment of any costs and/or savings arising from the Bill. Step 4 Develop the proposed law: o Timescale: 13 months in which to develop their proposed law, and present it to the Assembly. Step 5 Assembly scrutinises and amends: Following introduction, the Member Bill will be scrutinised and amended by the Assembly in the same way as any other public Bill. This process can take 9-12 months. Further information: Guide to a Members Bill May 2017 – BPF Members Briefing Page 4 of 4 .