Group 4: Manufacture of prohibited single-use plastic products (Amendments 57, 58, 59, 16, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 30, 56)

– in the Senedd at 4:50 pm on 6 December 2022.

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Photo of Elin Jones Elin Jones Plaid Cymru 4:50, 6 December 2022

(Translated)

Group 4 is the next group of amendments, and this group relates to the manufacture of prohibited single-use plastic products. The lead amendment in this group is amendment 57, and I call on Delyth Jewell to move and speak to the lead amendment and the other amendments in the group.

(Translated)

Amendment 57 (Delyth Jewell) moved.

Photo of Delyth Jewell Delyth Jewell Plaid Cymru 4:50, 6 December 2022

Diolch, Llywydd. The purpose of my lead amendment 57 and various consequential amendments to it would be, as set out, to ban the manufacture of the items listed in this legislation, as well as the supply of them. It would be to bring this legislation in line with Scottish legislation, but the principle here should concern us in Wales arguably even more because of the global responsibility contained in the Well-being of Future Generations (Wales) Act 2015.

The idea behind these amendments would be to ensure that products can't be manufactured in Wales and then exported to other parts of the world. It would seem to me that failing to ban the manufacture of items would be to inadvertently almost erase the steps forward we are taking boldly in this Bill. We talk often in this Chamber about the need to ensure we do not offshore our conscience. With plastic waste, this principle seems particularly pertinent. Other parts of our globe might still drown in plastic made here in Wales unless we are more prescriptive. We should be proud, of course, of the 'made in Wales' brand. It shouldn't be something that brings us shame.

Because of the future generations Act, in many ways I would argue that these amendments in principle would tie this Bill in with the principles of other law. They would help set out what such important statements should mean in practice. I do hope that they will receive support. Diolch.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 4:52, 6 December 2022

Now, I tabled amendment 16, as this would insert a new section onto the face of the Bill requiring Welsh Ministers to implement and maintain a list of manufacturers of single-use plastic products in Wales. I tabled this in Stage 2, and, clearly, I've tabled it again.

During Stage 2, the Minister stated that this amendment could help improve engagement with the industry. Now, I appreciate the Minister said there was more to this than simply maintaining a list. However, understanding the industry is going to be important, because, as the Minister said, we take our plans for plastic forward. I know you have been ambiguous here for a reason, but, whatever plans you have, the manufacturing industry will be affected. Scotland and England have more comprehensive lists than Wales. We need to keep up. This legislation is already long overdue. We certainly don't want to fall further behind.

Amendment 30 is simply consequential to amendment 16. This amendment would insert amendment 16 into the 'Coming into force' section of the Bill. Thank you.

Photo of Julie James Julie James Labour 4:53, 6 December 2022

All amendments in this group deal with making it an offence to manufacture, as well as to supply or offer to supply, a single-use plastic product that is banned in the Schedule part of the Bill.

During Stage 2, similar amendments regarding the manufacture of single-use products were put forward and rejected by the members of the Climate Change, Environment, and Infrastructure Committee. This was on the grounds that the Bill deals with prohibiting the supply of single-use plastic products. Therefore, the amendments are out of scope. The scope of the Bill was settled at its introduction and has not changed.

Now to the proposals in this group. These amendments seek to introduce changes to many sections of the Bill. Starting with amendment 43, proposed by Delyth Jewell, the purpose of this amendment is to insert a new section that creates a new offence to cover the manufacture of any of the single-use plastic products that appear in the Schedule. Amendment 44, also proposed by Delyth Jewell, is consequential to amendment 43, and, mirroring the proposed offences of supply and offer to supply, would impose the penalty of a fine for manufacturing of a banned single-use plastic product.

Amendments 45, 46, 47, also from Delyth Jewell, are also consequential to 43, and concern new powers for local authorities. They would in turn allow local authorities to investigate the proposed new offence of manufacturing, allow them to prosecute this offence and take steps to reduce the incidence of it.

Amendments 48, 49, 50, 51, 52 and 53 also concern powers for local authorities, are also from Delyth, and consequential to amendment 43. They mirror the powers already proposed in the Bill regarding the offences of supply and offer to supply with respect to the proposed offence of manufacturing as well. They would give local authorities the powers to access, inspect and seize material from premises during the course of their investigation.

Amendment 54 from Delyth Jewell, and consequential to amendment 43, would extend the Welsh Ministers’ power to make provision by regulations for civil sanctions in relation to the proposed new offence of manufacturing. Amendment 56, also from Delyth Jewell and consequential to amendment 43, would provide for the proposed new offence of manufacturing to come into force a day after the Bill received Royal Assent. Amendment 58 provides for an exemption with respect to the manufacture of carrier bags intended to be used for supply under certain exemptions, whereas amendment 59 would ban the manufacture of oxo-degradable products, in addition to their supply, by amending table 1.

Moving on, then, to the amendments in this group proposed by Janet Finch-Saunders, amendment 16 confers a duty on Welsh Ministers to maintain a list of manufacturers of single-use products in Wales, and amendment 30, consequential to this, proposes that this duty would come into force on the day after Royal Assent.

Llywydd, as I have already said, similar amendments were proposed during Stage 2 and rejected by the committee. This was because they go to the very heart of the principles underpinning this legislation, which have already been settled. This Bill focuses on the reduction of environmental harm by limiting the supply of unnecessary single-use plastic products to consumers. The manufacturing of single-use plastic products covered by the Bill largely takes place outside Wales. I do not consider there would be a substantial benefit to banning manufacture. I consider this would be an unnecessary doubling up on the resource requirements for regulators to additionally inspect the manufacturing side of the supply chain for the same products, at a time when the public funding of regulators is coming under severe pressure.

For these reasons, I cannot recommend any of these proposals. But, Llywydd, I can assure you and Members here that we have plans in place to build on our existing positive relationship with Wales-based manufacturers to look at non-legislative solutions to achieve our policy aims. This will include potential grant support, innovative schemes and extended producer responsibility. This Bill is not the only piece of legislation nor the only power that the Senedd is asked to look at in this regard and I would be happy to further engage with the Senedd on the issues at hand in relation to Wales-based manufacturers. Diolch.

Photo of Elin Jones Elin Jones Plaid Cymru 4:57, 6 December 2022

(Translated)

Delyth Jewell to reply. 

Photo of Delyth Jewell Delyth Jewell Plaid Cymru

Diolch, Llywydd, a diolch, Gweinidog. I do take the point that you were making there about the steps that the Government is taking in terms of extended producer responsibility in terms of the conversations that you're having with manufacturers. Of course those are welcome. I do take the point about the scope of this Bill, but I will be pushing these amendments to a vote, because I think that not taking this opportunity to cover the manufacture of these items would be a missed opportunity with such global consequences. So, I'm grateful for the Minister's explanation, but I will still be putting these to a vote, please.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 57 be agreed to. Does any Member object? [Objection.] There is objection. We will therefore move to a vote on amendment 57. Open the vote. Close the vote. In favour 13, no abstentions, 41 against. And therefore amendment 57 is not agreed. 

(Translated)

Amendment 57: For: 13, Against: 41, Abstain: 0

Amendment has been rejected

Division number 4040 Amendment 57

Aye: 13 MSs

No: 41 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 6 MSs

Absent: A-Z by last name