Item 4 is the statement by the Counsel General and Minister for the Constitution on the Environmental Protection (Single-use Plastic Products) (Wales) Bill. I call on the Counsel General, Mick Antoniw. 

Thank you, Deputy Presiding Officer. Today, the Minister for Climate Change laid the Environmental Protection (Single-use Plastic Products) (Wales) Bill together with the explanatory memorandum before the Senedd. I am making this address, as she cannot be here herself. 

Plastic waste is pervasive, persistent and polluting, and it is urgent that we take steps to prevent the flow of plastic waste into our environment. It can be difficult to recycle plastic goods and they are frequently littered or fly-tipped. Microplastic residues have been found on our highest mountains, in our food and in our water supplies, in the air that we breathe and inside our bodies. In the Arctic Circle, plastic waste from the UK has entered the oceans. Once in the environment, plastic attracts other pollutants, making it more hazardous to animals, plants and humans encountering it.

Plastic products have supported technological development in areas like healthcare, workplace safety and energy efficiency. Yet, these benefits have come with a growing environmental cost that is not sustainable. As part of developing a more responsible approach to using plastics, the first step must be eliminating its unnecessary use, particularly for items designed for single use. 

Most plastic is made from fossil fuels. Reducing it can assist our efforts towards net zero, helping reduce our carbon footprint to minimise the worst impacts of the climate emergency. A 2015 study found that twice as much fossil energy is burned for plastic production as is contained in the plastic itself. So, changing our habits to reduce demand for plastics and encourage reuse will help save this colossal waste. A wholesale switch to plant-based plastics is not the answer. While these products can help reduce carbon, their production can compete with food crops for increasingly valuable agricultural land and water. Wherever possible, we must first reduce the need for plastic products, including, where relevant, by making the switch to reusables.

People and businesses in Wales are already making changes. As a Government, we are committed to supporting them, building on their enthusiasm for change. People are demanding that this Government and their Senedd builds on their efforts, and that is what this Bill does today. It sends a clear message to everyone living and working in Wales. It will encourage more of us to change our habits and reduce plastic waste. To do this, we will all need to get used to doing things differently. We are alive to the fact that some people and businesses will find changes more difficult than others will, and they will need time and guidance to do so. Nevertheless, such change is entirely possible. As a Government, we must not shy away from the urgent need to accelerate the rate of change already in train.

The purpose of the Bill is to reduce the flow of plastic pollution into our environment. This Bill forms part of our response to the climate and nature emergencies. The Bill will build on the momentum created by communities across Wales who have already chosen to go plastic free, defy throw-away culture, and help tackle littering.

Dirprwy Lywydd, on 15 August, we published a draft of the Bill to give Senedd Members and interested stakeholders an opportunity to see the proposed scope and direction of the Bill, and the Climate Change, Environment and Infrastructure Committee an opportunity to consult on the proposal. In the same spirit of openness, the Minister for Climate Change has written to the Chair of the Climate Change, Environment and Infrastructure Committee today to set out some changes that we intend to propose to the Bill at Stage 2. The changes are technical and legal clarifications that do not alter the purpose or intent of the Bill. As we work together in the coming months, I hope that you will support these amendments that will provide the necessary clarity for the Bill.

The Bill will make it a criminal offence to supply or to offer to supply to a consumer in Wales the single-use plastic items in the Schedule. It will also make provision for Ministers to introduce civil sanctions as an alternative means of enforcing the ban on prohibited single-use plastic products, which is similar to the arrangements for the existing ban on plastic microbeads in place since 2018. The Bill will also allow us to introduce regulations to ban or restrict more products as evidence of harm and the impact of these actions becomes available. Ministers will be required to report on the items they are considering banning under this provision. Such regulations will be subject to the approval of the Senedd by affirmative procedures.

Many items in the Schedule of items to be banned include everyday products associated with food and drink on-the-go. This includes single-use plastic cutlery, plates, drink stirrers, expanded and foamed polystyrene fast-food containers and cups, as well as polystyrene lids for fast-food containers and cups. We are also banning drinking straws, which have an exemption to ensure that they can still be provided to those who, for medical reasons, need them to eat or drink. We have also included plastic-stemmed cotton buds and balloon sticks. And we also intend to ban all products made of oxo-degradable plastic, which is a type of plastic to which additives have been added that have been shown to alter the way it breaks down.

Dirprwy Lywydd, building on the success of the 5p charge for single-use carrier bags, the Bill will take our ambition to cut waste from these products to the next level. Research shows that most households have changed their habits such that they no longer require these products. So, thin, single-use bags will also now be banned.

This Bill will enable Wales to be at the forefront of action on plastics by removing single-use items from the supply chain. It will help achieve our ambition to develop the circular economy by focusing on reuse, generating value whilst reducing overall demand. It will help to address the visual and ecological impact of littered plastic and take us a step closer to being a nation that takes responsibility for what we consume, using no more than our fair share of the world's resources. Together, we can make a difference and we can create a better environment for current and future generations.

So, Dirprwy Lywydd, I hope all Senedd Members will agree that the time for action is now. All Members of the Senedd will have been approached in their constituencies to act on this important matter. I hope Members are supportive of our proposals throughout the scrutiny process that will now follow, as I'm keen to see that this legislation is passed to achieve a greener, fairer and more prosperous Wales and to help make this Bill a success. Diolch, Dirprwy Lywydd.

I realise, of course, the Minister isn't here to introduce this today, but the Counsel General has very ably pointed out the problems that we have with so much plastic. By the time I've actually given my contribution, around 5 million plastic bottles will have actually been purchased, because 1 million are purchased every minute on our planet.

The plastic plague, of course, is here in Wales. Single-use plastic was found on 64.2 per cent of our streets in 2021. Three beach cleans that I've been involved with, held by the Marine Conservation Society and One Global Ocean at Llandudno, Colwyn Bay and Rhyl saw nearly 100 volunteers cleaning up and recording over 70 kg of litter. And if you've ever undertaken a beach clean, that is one of our biggest issues.

Certainly, as this legislation comes in, and the Bill, which we welcome, as well as this statement, I would hope that we as Welsh Conservatives can have some say and some influence to ensure that we actually look at addressing all kinds of other types of plastic, for instance, the thousands of plastic-tipped cigarette ends that you find on beaches, which are really damaging to our marine environment. If we follow a business-as-usual model, where countries do not reduce the amount of plastic produced or recycled, the World Economic Forum has estimated that there will be more plastic than fish in the oceans by 2050.

Already, Scotland has introduced bans on plastic drink stirrers, plastic-stemmed cotton buds, plastic drinking straws, disposable plastic plates, single-use plastic cutlery, balloon sticks and expanded polystyrene containers, which I think are absolutely dreadful things, when you buy food. Since October 2020, the UK Government themselves have banned the supply of plastic drink stirrers, plastic-stemmed cotton buds and plastic drinking straws.

So, whilst it is the Counsel General introducing this today, I would like to ask some questions. Counsel General, do you agree with me that it is regrettable that we've had to wait so long for this legislation when we're so far behind England and Scotland and it really is contributing to our climate crisis? Even when considering the responses to the reducing single-use plastic in Wales consultation, it was apparent that there is disappointment that the bans are not already in place. We've called for this for years.

So, having read the draft Bill, I do have serious concerns about enforcement. You're relying an awful lot, once again, as you often do with your legislation coming forward, on our local authorities, and in particular our enforcement regulatory departments. It is stated many times in our Senedd that these departments are vastly under-resourced. In my own authority, vastly under-resourced because of a very poor settlement by the Welsh Labour Government. So, how on earth do you expect local authorities to pick up the mantle with this? What extra resources will you actually be putting into this legislation? I'm worried that section 7 gives local authorities a legal right to investigate complaints in respect of offences under section 5. What other steps do you take with a view to reducing the incidence of offences under section 5?

Counsel General, can you clarify whether every local authority in Wales has been consulted on their ability to take on further enforcement responsibility, and can we have some of that feedback here today? I genuinely, and my colleagues in the Welsh Conservative group genuinely, want this legislation to work. Will you work with us to consider possible amendments to the draft Bill so that enforcement responsibility is given to another body, perhaps, that is not a local authority? As it stands, this so-called made-in-Wales Bill, which is supposed to enable the Welsh Government to be at the forefront of action on plastic and place Welsh Ministers in the driving seat for future action in this area, does pass the buck to local authorities. There's so much of this Bill—. It is a good Bill coming forward, but you've got to be open—none of the political dogma that we've seen in past legislation that comes through, where the Welsh Conservatives put forward some really good and constructive suggestions only to have them overruled and ruled out simply because it has come from Conservative Members in the Senedd. If we all work together on—

Janet, can you conclude now, please?

Yes, of course. If we all work together on this, then we could have a Bill to be proud of here in Wales. Diolch.

Can I firstly thank the Member for the earlier comments? The point I think I do agree with is that the issue of single-use plastic, the contamination of our environment, the need to tackle that challenge, is a global one, but it's one where we have to do what we can within Wales in terms of our own responsibilities, and that that, in general, is a cross-party issue; it's not an issue that creates political divisions between us. We can all see what is happening. I've been out with volunteers myself in Beddau woods in my constituency; you see the amount of plastics and the fantastic work the volunteers do in recovering that. I very much welcome that spirit of support for protecting our environment.

You ask why it takes so long and why we are so far behind. I always get a bit despondent when legislation is treated as though somehow it is some form of Olympian race in terms of first, second, third. There are various different things that are happening in Scotland and in England. England has introduced secondary legislation, back in April 2020, relating to straws, cotton buds and stirrers. It's considering expanding its list to include some of the things that we are actually starting to legislate on ourselves, and, of course, I think you'd be supportive of the fact that we, in terms of our devolved responsibilities, are and should be legislating within Wales itself. Scotland banned cotton buds in 2019; in June 2022, they added some additional items. They are looking at the issue of oxo-degradable plastic, which we are legislating on. What I will say is that, in legislating in these areas, it is not really just a question of trying to look up a list; the issue of definitions and impact is considerably complex. I think our Bill goes further, and the Welsh Bill will be the most extensive piece of legislation. But, importantly, what it also does is that it will create powers—and, again, subject to affirmative resolution in the Senedd—to enable the list to continue to be worked on, because this is a changing environment. We know there are other items we would like to see added but where there is still further evidential work that is needed. But we do need a framework, which is what the Bill creates, to actually add, or, indeed, to delete from that.

In terms of enforcement, what I'd say is local authorities, I think, with their environmental responsibilities and, in fact, responsibilities that well extend into areas of health and safety as well, are the natural body to actually take enforcement action. Of course, any reasonable proposal that comes forward will be properly considered. I do reject the fact—. I don't think any resolution is rejected, any proposal is rejected, on the basis that it comes from the Conservatives. I think there are, clearly, very clear ideological reasons why proposals coming from the Conservatives are rejected, but I think that is a different matter. 

And then perhaps just one final point. Obviously, any technical amendments and so on that would improve the legislation are obviously things that would want to be considered. And again, as I have said, Government will bring forward its own amendments, which are very much of a technical nature. And again, the Bill was tabled early in draft form to enable the committee to start a consultation process. That process has, I understand, been under way and—if I believe rightly—has been completed, and Government at the moment is considering its response to that consultation at the moment.

Thank you very much, Counsel General. We as a party welcome this statement. We've been campaigning for years to ban single-use plastics. But, since the growth in plastic's popularity in the 1960s, it has become a prominent part of our lives, from food packaging to plastic fibres being blended into our clothing—so, that's visible and invisible plastic around us and surrounding us.

Although we have all become aware of plastic pollution—a great deal of good work has been done by Sir David Attenborough on The Blue Planet programme, which has brought the issue to the fore—issues such as COVID-19 have accelerated the harmful impact of plastics on our environment and our biodiversity. We will all remember that distressing image of a bird unable to move because it was tangled in a face mask, or that fish with its stomach full of plastics. As you said in your statement, from the heights to the depths of this planet, plastic is to be found.

We can all agree that we want the elimination of such plastic waste, but I am afraid that the path ahead of us is riddled by obstacles—riddled by man-made obstacles, Westminster-made obstacles. The infamous internal market Act—not only does that Act enable UK Government to spend within devolved areas and ignore the devolved settlement, it also enables the UK Government to ignore food and environmental standards set here in Wales.

Why does that matter? I hear some complaining from the benches opposite. Why does that matter? It matters because it means that if this Senedd legislates—the democratic voice of the people of Wales legislates—to ban single-use plastics, products made elsewhere in the United Kingdom would be legally allowed to be sold here.

According to the Institute of Welsh Affairs, the internal market Act and its principles, which is totally inappropriately called 'mutual recognition'—there is only one-way mutual recognition there—are likely to significantly reduce the ability of the Welsh Government and this Senedd to pass effective legislation with regards to the regulation of goods and services. The minimum regulatory standard in any of the four constituent parts of the UK will apply across the United Kingdom. And in reality, what that will mean is that the English market rules of anything goes in the pursuit of profit over the environment will apply here in Wales.

We cannot allow the hard work of the good tradition here, within our young Senedd, of protecting the environment, such as the first charge on carrier bags back at the beginning of the last decade—we cannot allow these good works to be undone by political dogma, by the internal market Act. We must continue to resist its effects. Otherwise, colleagues, we face the death of devolution and our environment. What assessment has the Minister made of the impact of the United Kingdom Internal Market Act 2020 on the effectiveness of the proposed ban on single-use plastics? And will you use it as a practical example in a new court challenge against the Act?

I agree that this is a good, practical example, and I do hope that the Counsel General will use it for a future challenge. But I hope that, in the rush to do that, we do not bypass proper scrutiny of this Act. This Act is far too popular to be rushed through without proper scrutiny within committees and here on the floor of the Senedd. I hope that you bear that in mind. 

Finally, I want to make the point about accessible alternatives. There are many alternatives to plastics; unfortunately, many of them are far more expensive than plastics. To persuade, to enable people to switch from plastics to alternatives, we need to make sure that we do the right choices—that those choices in terms of materials are in fact affordable to the vast majority of the people who live within our communities. What steps will the Welsh Government take to ensure plastic-free alternatives are readily affordable and accessible to consumers? Diolch yn fawr.

Thank you for those questions, and perhaps just one statistic to put in to add to those: of course, within Wales alone, in one year—or, I think, in the last two years—there have been produced an estimated 100 million plastic cup lids. So, that’s an indication, I think, of the scale. And of course you referred to the pollution of the seas, and of course that’s why our concern about the banning of oxo-degradables as well, because all they do is actually break down the plastic, but they don’t eliminate the plastic—the plastic just gets into even smaller items, miniscule items, to contaminate our seas, our waterways and our land.

You raised some very important issues with regard to the United Kingdom Internal Market Act 2020, and of course this is a matter I’ve spoken on on many occasions. In fact, I made a statement on 18 August with regard to the Supreme Court rejecting our application for permission to appeal the order of the Court of Appeal that our claim for judicial review of the Act was premature. So, we were disappointed with that, but that was a judgment very much to do with process. But in terms of this legislation, and I suppose in accordance with the points that the Member has raised, our position—and this is why we sought the judicial review through the Supreme Court—is that UKIMA does not have the capacity to take away our devolved competence, and I am confident that this legislation is within our competence. If a different view is taken, then there are options that are open. There are options for me, if I thought it appropriate, to refer the matter under section 112 of the Government of Wales Act 2006, to refer a Bill to the Supreme Court. I see no reason why that would arise on this occasion. It was also open, of course, to the UK Government to take similar measures. But our view is that the Bill is within competence. We do not expect the UK Government to refer the Bill to the Supreme Court, and if actions are taken, then obviously we will consider our position at that stage, and in particular with all the issues and arguments that we wanted to raise in the Supreme Court, where the Supreme Court said they would rather have an example of legislation that they could test it against. It seems to me that the appropriate course of action at this moment in time is to base the assessed competence on our analysis of what the competence is, and that is UKIMA does not have the competence to overturn our statutory devolution powers, and therefore it is within competence.

You correctly raise issues of scrutiny. We do want the Bill to move forward quickly. This is one of the reasons why the draft Bill was tabled as early as possible, to enable yet further consultation by the committee. But it is a relatively simple Bill. There are technical complexities—those, as I mentioned earlier, in terms of how you actually define something, and of course in legislation, as the Member will know, you have to be very clear about what you’re defining, what it is you are talking about and what action can actually be taken. But of course I will do everything I can, and I know the Minister will, in respect of supporting the scrutiny.

In terms of the longer term issues, of course there’s ongoing work that perhaps it’s fair for me to mention now—not within my portfolio, but certainly within the portfolio of the Minister—looking at the issues of reusable bottles and bottle banks and so on; deposit schemes, packaging and so on. Those are discussions that are under way. Policy is being developed and, in actual fact, this legislation also enables us not only to add to the list, but also to support adding to that list by looking at alternative schemes and encouraging those schemes, and also through educational processes and the work that governments naturally do to shift culture, to change culture in terms of our orientation, our reliance on and our addiction to the use of single-use plastics. But I think this particular Bill is a very significant step forward and is the most comprehensive piece of legislation in this area in the UK.

Thank you very much for making this statement, and I'm sorry our very able Minister for Climate Change is unable to be with us, but we wish her a speedy recovery, I'm sure. I just wanted to ask you why the Bill is proposing to make it a criminal offence for somebody to supply single-use plastics, but it would be a civil offence only for somebody to wilfully leave their plastic rubbish on the beach or in the countryside rather than taking it home. Because it seems to me that where there's such clarity about the need not to do this that we ought to have quite strong sanctions, given the implications of the results. 

The other question I had was: why the hesitancy in banning single-use plastic straws? Because to pick up on Rhys ab Owen's point, there are already—and have been for years and years—alternatives to plastic straws. Personally, I was brought up on paper straws, but, equally, there are excellent metal straws that can be washed and reused, and so there is absolutely no need for any plastic straws for the number of people who do need straws to help them drink. Whether they're very young people, frail elderly people or people with certain disabilities, straws are very useful, but there's absolutely no need for plastic straws. So, I just wondered why we're not being a little bit firmer on this, in the sense that there are perfectly good alternatives available.

Thank you for the question. In terms of the issues around the criminal offence and the power for civil sanctions, well, of course, a criminal offence is where someone has created an offence and you are basically penalising or prosecuting them for breaching the law. Civil sanctions give you an additional power, in the sense that if you know something is happening or something is proposed to be done that would be breaching it, it gives you the power also to seek reliefs that actually prevent them from doing it—to apply, perhaps, for an injunction or whatever it is to prevent something being done, so, in some ways, to prevent the criminal offence actually being caused in the first place.

It's the sort of thing that exists also in health and safety. You can say with regard to health and safety that you can be prosecuted for a criminal act, but there are also sanctions that can be taken that you'd call more like a civil sanction, which might prevent you doing something, making something, or acting or producing in a way that might lead to a criminal offence. So, it really just, I think, gives a more comprehensive set of powers in terms of ensuring the enforceability of the objectives of the legislation.

With regard to plastic straws versus paper, of course, as a child I have to say I was never appointed a milk monitor, so I never had the direct personal experience of having to distribute these straws, but we only ever had the paper wax straws, so plastic straws were something relatively more modern in my life. I think it's a consequence coming out of the consultations. There were concerns expressed that in some fairly small sectors, but areas where there were particular types of need, there were reasons why it was felt that a different type of straw—a paper straw, for example—might not be appropriate where plastic and those examples were given. It was felt appropriate that there should be exemptions where that could be justified.

So, I think within the scale of things, it was a relatively small part of it. There's no comparison in terms of the scale of the number of straws that are in general use as opposed to those that are for a fairly specialised use. And it would only be within that context that that would be acceptable, but for reasons that have arisen and been accepted as valid within the consultation process.  

Thank you, Counsel General. My party are very glad that this legislation is coming forward because we need to do as much as we can to reduce single-use plastics right across the globe, because it is the great scourge of our time that we are seeing plastics littering our oceans and killing our animals, and that is totally unacceptable.

With the Welsh Government going further, banning more items than they have in England, this is going to cause problems—as my colleague Rhys ab Owen has said—with the internal market Act. The Scottish Government went further than what they did in England and managed to get exclusions agreed on the list. And I'd like to know, Counsel General—it's probably more your brief than the climate change Minister's—what discussions you are having with the UK Government to see if we can get exclusions put in, to make sure that this legislation can pass through this Senedd quite seamlessly, to make sure we can get this in place to reduce single-use plastics. Because, unlike my colleague Rhys ab Owen, I don't want to see this going to the Supreme Court; I want this actually going where both Governments can work together to get good legislation through this place and to respect the devolution settlement here in Wales.

Well, listen, thank you for those comments, and perhaps taking from the end part that you raised, of course there were framework discussions, so the internal market Act was never necessary. The whole objective of the frameworks was, basically, a co-operative agreement on it, and it's the internal market Act that drove a coach and horses through those fundamental principles.

There has been engagement with officials at the UK level. There has been no indication that there was any aspect of this Bill that would be challenged, but, you know, that doesn't mean that there won't be. It's a matter, obviously, that UK Government will consider in due course. I suppose that all I can really say on it is this: my assessment of this is that this is within competence. And it's within competence because, as I've explained in this Chamber before, I don't believe that the internal market Act actually does take away that devolved competence, but there was an unclarity there that we wanted to have resolved. That unclarity actually remains, but my view, and the view of the Welsh Government, is that this Bill is within our competence, and if issues do arise, well, we'll assess those as and when they arise, under the normal processes.

And finally, Joyce Watson.

Diolch, Dirprwy Lywydd, and of course I welcome the Bill. We've all seen the unnecessary devastating impact that single-use plastics have on our environment and our wildlife. So, what are we talking about? Well, currently, 11 million metric tonnes of plastic waste is entering our ocean every year. If we keep on as we are now, that will double by 2040. And, according to the Pew Charitable Trusts, if it is the case that, globally, we cannot deal with reusing any of that plastic, it's going to triple by 2040. So, we're talking about a potential 33 million metric tonnes of plastic waste in our sea alone by 2040. So, that is why I welcome this Bill. We have to act and we have to act now.

The one question I have is that I notice there's a list of things that are single-use plastic, but we all know that we suddenly discover that there's plastic in other things that we didn't know about, and wet wipes are a good example of that. So, my question is clear: can we then use that existing legislation, if we need to, to add things that we become aware of, which we might not be aware of now, that are single use and that have plastic in them? Thank you.

Well, thank you. That is a really important question, because, you know, we are not in a static environment. It's not about producing a list and then we can all go away and be satisfied that everything is satisfactory. And, of course, your question partly led on to what's been asked earlier, and that is, 'What are the other areas?' And, of course, we can all identify, I think, other areas that we'd be concerned with, and we wonder whether there should be changes there—particularly deposit schemes. I mentioned about the paper straws earlier. Well, as a kid, I spent a lot of my time hanging around building sites at the age of six and seven, picking up the bottles, because there was fourpence—four old pence—on each bottle, and that was how you got your pocket money in those days. And it was really disappointing that we never retained something that was so logical to use.

But I think you mentioned about other items, such as wet wipes, for example, well, those are things that are being looked at. There are certain complications over wet wipes, because there are issues to do with labelling. Wet wipes apparently aren't as simple a product as they’re made out to be; some of them contain different substances and so on. There are probably good reasons why wet wipes should be banned in any event because of the impact they have on the sewage systems. But, of course, one of the issues is labelling as well. Product labelling is not devolved to Wales but is reserved to the UK Government. But, it’s an area that we’re looking at and there are other areas as well that will be looked at.

The importance of this legislation is that it creates powers, but it does obviously retain anything that’s added or removed from the list—the power remains by the affirmative resolution within this Senedd. I think that is something that is extremely important. I suppose I should add also, of course, that under section 79(2) of the Government of Wales Act, a sustainability report has to be produced each year, and what the legislation does do, which again I think is important, is it creates a duty on Government to actually set out to the Senedd in that report what other items it is looking at, what progress is being made, what other items may be listed. So, this is an ongoing, continuing debate, as it should be, that will take place within this Senedd. So, this legislation is really the start of that process and not the conclusion of it, I suppose. Banning single-use plastic items is a process, not an event.

I thank the Counsel General.