My Lords, I thank the Minister for his introduction of this order. More particularly, I thank the House of Lords Secondary Legislation Scrutiny Committee, whose diligence in this case has been particularly helpful in getting a better understanding of what is going on here.
We are supportive of the principle that household waste recycling centres should be free to use, as charging could lead to an increase in fly-tipping and damage to the environment, but I am bound to say that this order seems to be central government’s micro-managing gone mad. Just a few years ago we legislated to give local authorities freedom because we believed that they have the competence and desire to do the right thing for their communities; but here we are now, snatching that freedom away. Can the Minister confirm that so far only one authority, the Somerset Waste Partnership, has actually introduced a charge? A few others are thinking about doing so, but as things stand, only one authority would be eligible to take advantage of the grandfathering provisions through to 2020. If it is not just that one authority, can the Minister tell us which other authorities are involved?
The Secondary Legislation Scrutiny Committee has criticised the consultation process as being too short, at only four weeks. Although it stated that the period should be six weeks minimum, it argues that in this case, given the intervention in local authority powers, it should be longer. Despite what the Minister said, it points out that one in five respondents criticised the period allowed for responses. Why do the Government consider it so vital to press on with this order in these circumstances and not take a pause? It is hardly a matter of national security.
There is further criticism, which we endorse, about the consideration of the responses. Just over half opposed the change. Not only was the opposition anti-localist, but there was a clear consensus about the measure being counterproductive—that is, that it would lead to closures of household waste recycling centres, with consequent increases in fly-tipping.
Consultation has elicited certain suggestions, as we have heard, for ways of avoiding site closures, but considerable doubt has been cast on the effectiveness of those, including by Hampshire County Council, which has been referred to. What detailed work have the Government undertaken to assess the viability of these alternatives? What specific models have they developed to assist authorities to avoid closure in the short to medium-term, and what assurance can the Minister give that actual closures of sites will be avoided? Why are the Government so dismissive of the points made by Hampshire County Council?
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Perhaps I may refer in some detail to those points, which are in the appendix of the scrutiny committee’s report. On a number of key points, we have had no satisfactory answers or rebuttals. Hampshire County Council says that it,
“like many other local authorities, has already taken steps to reduce opening hours”,
as a means of making economies,
“and to enforce trade waste controls as a way of reducing costs. Although there is scope to go further with these approaches this is unlikely to meet the Government’s policy objectives and will still result in a much reduced service for residents”.
Presumably it will reduce services just as much as the charges for services and be an inhibitor in the use of these facilities, given increased fly-tipping. The council says that:
“Charging businesses to access”,
these centres,
“is another option which many local authorities have already implemented or are planning to implement, including Hampshire County Council”.
As for voluntary and community-sector running, it says that,
“whilst the voluntary and community sector has an important part to play in the reuse and recycling of materials, it does not consider the running of HWRC sites by the sector to be a viable option, given the economic realities. The reduced value of recyclable materials and the cost of disposing waste materials that are not reusable or recyclable make the business model unsustainable without considerable additional funding or having to significantly restrict the service”.
It refers to issues around a more transparent packaging recovering note and says that, even if that were to be effective, it simply could not be introduced overnight. It says that,
“the option to encourage greater producer responsibility could help to reduce the cost”,
but,
“the outcome may be even less desirable for local residents”.
The council has raised a number of detailed points in its representation to the Government but the Government have brushed those aside. It seems to me that the Government have a duty to evaluate them properly. If they evaluate them and still reject them, that is fine, but they have to do the work first. There is a rush to get this thing through. I know where we are in the parliamentary timetable, but why is this so fundamental and important that they have to ignore decent practice, decent consultation and a proper analysis of the risks that could involve the very thing that the Government say they are seeking to avoid actually coming to fruition?