Debate on the General Principles of the Environmental Protection (Single-use Plastic Products) (Wales) Bill and Motion to agree the financial resolution in respect of the Environmental Protection (Single-use Plastic Products) (Wales) Bill

Part of the debate – in the Senedd at 4:55 pm on 11 October 2022.

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Photo of Julie James Julie James Labour 4:55, 11 October 2022

Turning first to the Climate Change, Environment and Infrastructure Committee report, I note recommendation 1 from the committee to in due course publish a strategy for the reduction of plastic pollution in Wales. Our strategic direction for tackling plastics is already set out in our circular economy strategy, and our draft litter and fly-tipping prevention plan. A separate strategy is therefore not required. However, I accept that we need to make sure that everyone is clear on the detail of the Bill, the definitions of products and any related exemptions, and clear on work to take forward future bans. We will produce guidance to help producers, retailers and consumers understand the bans brought in by the Bill. We have also included a provision in the Bill to ensure we are transparent about any single-use plastic products we plan to add or remove in the future. This is being achieved under section 79(2) of the Government of Wales Act 2006, in which the Welsh Ministers will be required to report on the considerations as to whether they plan to add or remove a product, or to add or remove an exemption. Work to implement the Bill will be informed by expert advice and discussions with stakeholders.

I acknowledge the range of recommendations in the committees' reports calling for Welsh Government to ensure that interventions at a Wales level are clearly understood by those who will be affected. Recommendations 3, 4 and 5 deal with the need to raise awareness of the Bill's aims to educate people in the need to shift away from environmentally damaging single-use plastic. During the committee scrutiny sessions, I confirmed, subject to approval of the Bill by the Senedd, that we will be working with a range of groups and organisations to develop guidance and communication to support the Bill's implementation. This will include providing information to help clarify the products being banned and highlight what might be suitable alternatives. As part of our ongoing work, we will highlight any potential risks or unintended consequences of non-plastic alternatives. Our communications will also include wider messaging around litter prevention and encouraging people to either bin their waste or take it home with them if a bin is not available.

I can also confirm our guidance will address the concerns raised under recommendation 12 in relation to the provision of single-use plastic straws. I would like to reassure Members that throughout the Bill's development we have engaged proactively with protected characteristic groups, providing them opportunities to comment on our proposals as we progress this work. We have listened to the concerns they have raised and included exemptions accordingly. We have had very similar engagement with businesses. As well as providing clarity for individuals and businesses on the products to be banned and the actions they need to take to prepare for these bans, the guidance will set out information on how exempted products should remain available—so, how individuals who rely on single-use plastic straws to eat and drink safety and independently can still access them, and what businesses should do to ensure that those who need these products can still access them.

As noted during the committee stages, I will establish a robust and transparent process when considering the potential products to be included in the future. On this basis, I am happy to accept recommendation 13, and will table an amendment that will place a duty on the Welsh Ministers to consult on any proposed future regulations.

Recommendations 14, 15 and 16 seek further details on what support and engagement the Welsh Government will provide to local authorities to enforce the bans. I intend to write to the committee within the next 10 working days to outline our work in this area. However, I wish to give reassurance that we are working closely with the Welsh Local Government Association and local authorities individually on our guidance and awareness raising.

I have accepted the amendments proposed in recommendations 2, 5, 7 and 8 in principle. I will write to the committee Chair in due course on these matters to provide further clarification on a proposed way forward. For example, I've already committed the Welsh Government to undertake a post-implementation review of the Bill, as suggested in recommendation 8. However, this may require a slightly longer time frame to allow the legislation to bed in.

Turning to the Legislation, Justice and Constitution Committee and their recommendations, again I am happy to accept the majority of the recommendations put forward, and I intend to write to the committee with a comprehensive response. For the purposes of this debate, I wish to reiterate our position that the Bill is entirely within Senedd competence, is fully enforceable, and is not affected by the United Kingdom Internal Market Act 2020. As noted earlier, I am content to include a duty on Welsh Ministers to consult on any future changes to the existing products in the Bill, or on any proposed additions. However, further consideration will be needed in relation to the process involved in developing guidance, and I intend to outline our position on this in my written response to the committee.

With regard to the various recommendations around timescales, I will again address these in writing to provide a more detailed overview of the timelines involved. This would include, for example, how the six-month standstill period required for the World Trade Organization and products with a later commencement date will operate. 

Finally, turning to the Finance Committee recommendations, I'm pleased that the committee was broadly content with the financial implications of the Bill. I have accepted in principle recommendations 1, 2 and 3 from this committee, seeking further clarification on the costs and benefits of the Bill. We are working with our original contractors to update the costs, benefits and impact for businesses and manufacturers switching to alternative non-single-use plastics. We are also commissioning additional work to assess and identify whether benefits from manufacturing relate specifically to Wales as a result of the Bill. This combined work will take at least six months to complete and will inform future guidance relating to the Bill. We will share the outcomes of this work with all committees when published. 

We will continue to work with manufacturers and will build on relationships with impacted sectors, as suggested in recommendation 4. This will support us in developing our policy to tackle plastic pollution and associated guidance to support its implementation. I can confirm that subordinate legislation associated with the Bill will be made under the draft affirmative procedure. This requires a draft of the regulations to be laid before and approved by a resolution of the Senedd. This will be accompanied by an explanatory memorandum, which will include a full regulatory impact assessment and delivers recommendation 5. 

Diolch, Llywydd. I'll leave it there for now and then I'll respond to Members' remarks throughout the debate.