The next item is item 12, a statutory instrument consent motion on the Waste (Circular Economy) (Amendment) Regulations 2020. I call on the Deputy Minister for Housing and Local Government to move the motion—Hannah Blythyn.

Motion NDM7413 Hannah Blythyn

To propose that the Senedd, in accordance with Standing Order 30A.10, agrees that the Secretary of State makes The Waste (Circular Economy) (Amendment) Regulations 2020, in accordance with the draft laid in Table Office on 1 September 2020.

Motion moved.

Thank you again, acting Deputy Presiding Officer, and thank you for this opportunity to explain the background to the statutory instrument consent motion in relation to the Waste (Circular Economy) (Amendment) Regulations. I'd also like to thank the Legislation, Justice and Constitution Committee for its work scrutinising the statutory instrument consent memorandum and to acknowledge the committee's conclusion that it is content.

The statutory instrument consent memorandum laid before the Senedd on 1 September summarised the provisions of the regulations and set out the changes to primary legislation for which consent is sought. The objective of the regulations is to transpose the EU circular economy package. The changes needed comprise elements that are being carried out on a UK and GB basis and elements being carried out on an England-and-Wales basis, reflecting the nature of the legislation we currently have in place. In parallel, additional regulations are currently being prepared to make the necessary changes to Wales-only legislation under the negative procedure. These regulations will be laid before the Senedd shortly.

The decision was taken to collectively issue a joint UK policy statement in relation to these changes, rather than a full consultation, as we are very conscious of the pressures on industry as a consequence of the coronavirus pandemic. It would therefore have been difficult for stakeholders to engage with and respond to a full consultation, and representations were received from industry that a consultation would not be welcome at this time. The bulk of the measures are also relatively small, technical changes, and implementing legislation that simply adopts the same wording as the directive.

The changes in relation to landfill and incineration restrictions on separately collected waste are slightly more extensive. Therefore, key representatives from these sectors were consulted on the landfill and incineration restrictions. They broadly welcome the measures, as these are seen as a driver to encourage treatment of material further up the waste hierarchy by showing higher levels of extraction of recyclable material from the waste stream. This is, of course, in line with our long-term policy. In Wales, little impact is expected on Welsh operators as incinerators are currently not authorised to accept separately collected recyclate unless it can be demonstrated that it is unsuitable for recycling, and landfills generally do not receive separately collected recyclate.

The joint UK statement was published in July and sets out the key changes made by the EU circular economy package and the approach the UK is taking to transpose the 2020 measures. As Members will be aware, I also published a written statement on 6 August to ensure Members of the Senedd were kept informed. These regulations include amendments to primary legislation within the legislative competence of the Senedd. However, the amendments to the five relevant Acts are minor, as they simply update dates and definitions to reflect the latest amendments to the waste framework directive. Allowing the changes to be made through the Waste (Circular Economy) (Amendment) Regulations 2020 avoids the need to duplicate amendments and allows a more efficient approach than would have been the case if each administration was to make the same amendments. It also reflects the scope of the existing legislation being amended. It is on this basis that the statutory instrument consent motion is placed before you for approval. Diolch yn fawr.

Thank you. I again call on the Chair of the Legislation, Justice and Constitution Committee, Mick Antoniw.

Thank you, acting Llywydd. We considered the statutory instrument consent memorandum at our meeting on 21 September, and we subsequently laid our report on the memorandum last Monday, 28 September. As the Deputy Minister has stated, the Waste (Circular Economy) (Amendment) Regulations 2020 that the memorandum relates to transpose a series of EU directives in the field of waste. We appreciate the letter that the Deputy Minister sent to the committee, which helped us with our consideration of the memorandum. We also welcome the commitment to table a motion to debate the memorandum. I can confirm that we are content with the memorandum.

Thank you. Again, I call on Janet Finch-Saunders.

Thank you. The United Kingdom is committed to moving towards a more circular economy, which will see us keeping resources in use as long as possible, extracting maximum value from them, minimising waste, and promoting resource efficiency. In fact, the UK is already a global leader, with a resources and waste strategy setting out a comprehensive and ambitious plan to transform the waste industry and produce a more circular economy. Our Government is making all the legislative changes required to transpose the 2020 circular economy package measures on behalf of England and Wales, apart from some amendments relating to hazardous waste.

The Llywydd took the Chair.

According to the explanatory memorandum, DEFRA engaged with representatives of the landfill, incineration and recycling sector, and the measures were broadly welcomed. Importantly, as noted in the statutory instrument consent memorandum, it is appropriate for the SI to make the provisions, because there is a need to amend out-of-date references to European law. The Waste (England and Wales) Regulations 2011 transpose the revised waste framework directive in England and Wales on a composite basis. However, it was not possible to act compositely this time as some amendments required are to UK or GB-wide legislation.

The changes made are purely technical and uncontroversial, and there is no change in policy. The memorandum is correct—the changes are technical. Regulation 2 updates references, as do regulations 3, 4, 5 and 6. Consideration has also been given to the memorandum by the LJC committee, and I note their conclusion that

'We are content with the Memorandum.'

I agree, but note that, in the letter to the LJC committee dated 2 September 2020, you advised that

'The Devolved Administrations will make their own regulations for further amendments needed to legislation which fall outside this.'

So, can you provide some clarity, Deputy Minister, as to what amendments you intend to bring forward? What steps are being taken to publish updated guidance to industry and the public regarding the changes covered in this SI? According to Clyde & Co LLP, the regulations and focus on the circular economy do provide a key window of opportunity for businesses to seize on fresh innovation and ideas. Your ambition is for Wales to become a zero-waste nation by 2050. According to the 'Beyond Recycling' strategy, a core theme is to support businesses to save and make money and become resilient.

Similarly, it is stated that shifting to a circular economy has the potential to create green jobs. Certainly, in light of COVID-19 and the climate crisis, the creation of green jobs has never been more essential. So, what steps are you taking to ensure that businesses can pursue innovative ideas and create jobs? We need to see you reflect the ambition of our Prime Minister, who is pushing forward today with a green industrial revolution, pledging £160 million to upgrade ports and factories for building turbines.

Finally, Part 4 of the SI relates to waste separately collected for preparing for re-use and recycling not to be incinerated. A report from the Waste and Resources Action Programme, WRAP Cymru, found that 75 per cent of commercial and industrial waste is still sent to incineration or landfill in Wales, and it is actually recyclable. It is vital that proposals for new incinerators are subjected to proper public consultation. There are concerns, however—and I've made them clear in letters to the Minister—that the pandemic is having a negative impact on planning consultations. So do you agree with me that there should be a moratorium on planning consultations for incinerators during this pandemic?

The Welsh Conservatives will be voting in favour of the memorandum today, but I really would be grateful if you would outline what immediate steps are being taken to help our businesses to embrace the circular economy and to pursue green innovation, with the hope of creating a better climate and green careers for our nation. Thank you. Diolch.

I call on the Deputy Minister to reply to the debate—Hannah Blythyn.

Diolch, Llywydd. Can I thank both Members for their contributions to this debate, and can I thank Mick in his capacity as Chair of the Legislation, Justice and Constitution Committee for their support on this important piece of legislation? I also welcome Janet Finch-Saunders's support for the legislative consent motion, but the Member raises a number of issues that are beyond the remit of this current debate. I very much welcome the opportunity to discuss them further when we bring the 'Beyond Recycling' strategy to the floor of the Senedd. We're committed to not just warm words but actual action and leading the way to go beyond recycling and towards a truly circular economy in Wales, working with our communities and our businesses through our circular economy fund, which is enabling businesses to innovate and communities to take action in their own areas. As I outlined in my opening remarks, the changes that amend primary legislation within this particular LCM that are within the legislative competence of the Senedd, are purely technical and there's no change in policy. They are simply needed to reflect the latest changes to the waste framework directive. Diolch yn fawr. 

The proposal is to agree the motion. Does any Member object? The motion is therefore agreed. 

Motion agreed in accordance with Standing Order 12.36.