– in the Senedd at 5:26 pm on 6 December 2022.
We move now to group 8, which relates to prohibited single-use plastic products and the power to amend. The lead amendment is amendment 18. Janet Finch-Saunders to move and speak to the lead amendment and the other amendments in the group.
Diolch, Llywydd, and diolch to the group for supporting our amendment.
Amendment 18 is a technical amendment to provide further clarification in section 4(1). This amendment will ensure interpretation of section 4 is carried out as intended. Amendment 19 amends section 4(2)(a) to provide easier understanding of its purpose. This amendment simplifies the wording. Amendment 21 is, again, a technical amendment that simplifies the wording of section 4(2)(b). The amendment will provide easier understanding of the purpose of the provision.
Amendment 23 inserts a new subsection under section 4 of the Bill. The amendment requires Welsh Ministers to publish the number of prosecutions brought forward, and the number of persons found guilty of the offence under section 5 as part of the report they are required to publish. During Stage 2, the Minister explained that these figures will not be on the face of the annual review, but will be provided to the Minister in order for the report to be completed. But I think it's important that this review includes these figures.
If we are introducing legislation here, it's important that we, us as Members of this Senedd, and also the public, can see the true scale of the success of the Bill. That way, we can scrutinise the legislation. We can offer alternatives. We can offer ways to better ensure compliance if it's found to be low, and quite simply, it just means we can all work together. Thank you.
The Minister.
Diolch, Llywydd. I will address amendments 18, 19 and 21 together. Firstly, just to thank Janet Finch-Saunders for agreeing to collaborate on these three amendments. Taken together, they would revise the reporting requirements in section 4 of the Bill, so Welsh Ministers would need to report not only on any considerations they make about prohibiting single-use plastic wet wipes or sauce sachets, but also about any proposed use of their section 3 powers. This applies whether they propose to ban further products, to remove a ban, or to add, remove or amend exemptions to bans. Wet wipes and sauce sachets were amongst the products that respondents to our consultation suggested should be banned or restricted. Therefore, I am pleased to see them highlighted in the Bill. I must remind Members, however, that product labelling is not devolved to Wales, so we will be working with the UK Government to address the need for wet wipes to be labelled with their plastic content. At present, it is not possible for consumers to look at packaging and tell whether the wet wipes include some element of plastic in them or not.
Amendment 23 would require Welsh Ministers to report on the number of prosecutions brought under section 5 of the Bill, and the number of persons found guilty of the offence. I do recognise that the intention of this amendment is to monitor the enforcement element of the Bill. However, I believe this approach will create an unnecessary administrative and reporting burden on Government and local authorities. The primary intention of this Bill, Llywydd, is not to criminalise people but to drive behavioural change. Prosecutions are very much a sanction of last resort. We have already committed to undertaking an implementation review of the Bill, and I anticipate that enforcement will be considered as part of this work. As such, I do not believe that there is any need for a separate requirement. I therefore support amendments 18, 19 and 21 and recommend that Members do the same, but, for the reasons I've just said, reject amendment 23. Diolch.
Janet Finch-Saunders to respond.
Thank you, Minister, again. However, knowing the number of prosecutions, I believe, can help to see whether enforcement has been successful. You know I've raised concerns about local authorities and their ability to educate and play an advocacy role. However, there will be times where prosecutions are required, and it's only by knowing the numbers—. All of us can put FOIs in and find out how many fly-tipping offences have occurred and how many have been prosecuted for, and we know that that's too low, but in something like this, with new law coming forward, I honestly cannot see why we cannot support something that would actually record the number of prosecutions that have come forward, and they, in themselves, would help us to scrutinise this going forward. Thank you.
The question is that amendment 18 be agreed to. Does any Member object? There is no objection to amendment 18, and therefore amendment 18 is agreed.
Amendment 19.
Janet Finch-Saunders, is it being moved?
The amendment is moved. If amendment 19 is agreed, amendments 7 and 20 will fall. The question is that amendment 19 be agreed to. Does any Member object? No. Therefore, amendment 19 is agreed.
Amendments 7 and 20 have fallen.
Which takes us to amendment 21. Is it being moved?
Yes, it is, by Janet Finch-Saunders. The question is that amendment 21 be agreed to. Does any Member object? No objection to amendment 21, therefore amendment 21 is agreed.
Gwelliant 22, Janet Finch-Saunders.
The question is that amendment 22 be agreed to. [Objection.] There is an objection to amendment 22, so we'll have a vote on amendment 22. Open the vote. Close the vote. In favour 14, no abstentions, 40 against, therefore amendment 22 is not agreed.
Amendment 23, Janet Finch-Saunders.
The question is that amendment 23 be agreed to. Is there objection? [Objection.] Yes, there is objection, therefore we'll have a vote on amendment 23. Open the vote. Close the vote. In favour 26, no abstentions, 28 against. Therefore, amendment 23 is not agreed.