Part of the debate – in the Senedd at 6:46 pm on 6 October 2020.
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.