4. Statement by the Counsel General and Minister for the Constitution: The Environmental Protection (Single-use Plastic Products) (Wales) Bill

Part of the debate – in the Senedd at 3:56 pm on 20 September 2022.

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Photo of Rhys ab Owen Rhys ab Owen Plaid Cymru 3:56, 20 September 2022

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.