Clause 4 - Allocation of landfill allowances
Waste and Emissions Trading Bill [Lords]
3:15 pm

Mr Norman Baker (Lewes, Liberal Democrat)
I welcome the opportunity to discuss the relationship between district and county councils or, more accurately, waste collection and waste disposal authorities, because it is terribly important and needs to be discussed in some detail. I must refer to clause 31, because it is inextricably linked with the amendment. In fact, that clause is in a rather odd place in the Bill, but for the purposes of discussion it does not matter where it falls.
My concern is that previous legislation constructed arrangements whereby the responsibility for waste in two-tier local authority areas is divided between county and district councils. Of course, the same does not apply to unitary authorities. Under those arrangements, a patchwork solution has been constructed whereby some county councils perform very well, pulling district councils along behind them, and other, star district councils are let down by the county councils. Each waste collection authority or district council will almost certainly construct a different solution for waste on its own patch.
Like many hon. Members, I have more than one district council in my constituency. Lewes and Wealden both perform very well, but each has a completely different approach to waste collection. One has a traditional dustbin system, and one has a wheelie bin system. One authority has a doorstep collection in different parts; another has a ''bring it along'' system. There is a mixture with regard to how authorities are
delivering, but they all want to achieve the recycling targets.
I am concerned that if we are not careful, the Bill will result in an attempt by county councils to force a uniform system on authorities, particularly district councils, that may not be appropriate to their needs. I do not underestimate the difficulties of finding a solution, and I do not have one, but there are two options. One could abolish waste collection authorities and make one authority responsible for collection and disposal. Many people consider that an appropriate solution. It seemed to work quite well in the unitary authorities, and it is easier than when the responsibility is split.
Alternatively one could have a system in which one authority within the disposal and collection regime is unable either to frustrate the other authority or to behave in such a way that it misses targets and leaves a different authority to pick up the bill. In that system, one could not have a situation that allowed a disposal authority to decide that it wanted to have a uniform approach across its county, telling individual collection authorities that they must change their method of dealing with waste, irrespective of the cost and the consequences for their particular scheme, which they might have carefully nourished and developed specifically for their needs.
Clause 31, which we will deal with in detail later, seems to give disposal authorities excessive powers to control the performance of collection authorities, which will then be at their mercy, irrespective of how well they are performing now. They will simply be told to change because they do not conform with what the waste disposal authority wants. In a sense I was expecting to have some of this discussion on that clause, but the amendment refers to the separation of responsibilities.
How does the Minister see the future relationship between disposal authorities and collection authorities? How would a solution be found if those authorities were in dispute? How will he ensure that one type of authority cannot thwart another type of authority or behave unfairly towards it? What does he envisage the role of collection authorities being in the allocation of landfill allowances? This is a big issue, and we need to get it right or it could derail the Bill.
