7. 7. The Unauthorised Deposit of Waste (Fixed Penalties) (Wales) Regulations 2017

Part of the debate – in the Senedd at 6:22 pm on 24 October 2017.

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Photo of Mr Simon Thomas Mr Simon Thomas Plaid Cymru 6:22, 24 October 2017

(Translated)

Plaid Cymru supports the regulations before us today, but I just wanted to ask a few questions and make a few comments. First of all, I’m disappointed that the explanatory memorandum, which is only 10 pages long, explaining these regulations, is only available in English. In my view, if you bring forward any kind of legislation, including secondary legislation, which places penalties on individuals, or can lead to legal proceedings or even criminal proceedings, it should be available bilingually. I’m disappointed that the Government hasn’t prepared a Welsh version of the explanatory memorandum in this case.

The second point that I wanted to make is that this is a perfect example of what we’ve just been discussing. I don’t want to prolong the discussion that we’ve just had for over an hour, but we’re bringing forward here environmental regulations, and let’s be clear that these regulations emerge directly from the European Community Act 1972. If we didn’t succeed in this battle with Westminster as to who has the right to the powers that are to be passed down from the European community if we leave the EU, then this is an example of the Assembly today passing regulations that would then be in the hands of Ministers at Westminster. So, this is a very real example before us today of how important it is that we win this battle and don’t allow Westminster to win it, in terms of the power grab on European issues.

The third point on this, which is a question to the Minister: I welcome the fact that we have an additional tool now in tackling the unauthorised deposit of waste, but I just want to be assured that when this does arise as a pattern of behaviour—. We’re not talking about someone disposing of a fridge—it’s appropriate that there is a specific penalty for that—but when you have evidence that someone is using farmland, a street corner or a back lane as a means of disposing of waste regularly—and we have seen some building firms that haven’t followed the rules and regulations—that we aren’t going to be reliant on these FPNs, but that we do take those individuals to court, and prosecute them under environmental legislation. So, I just want to understand from the Cabinet Secretary where she sees the FPNs would be appropriate in these regulations, and where she believes that local authorities and other authorities should use the broader range of statutory powers.