Amendment 43

Part of Crime and Policing Bill - Committee (2nd Day) – in the House of Lords at 6:30 pm on 17 November 2025.

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Photo of Earl Russell Earl Russell Liberal Democrat Lords Spokesperson (Energy and Climate Change) 6:30, 17 November 2025

My Lords, in moving Amendment 43, I shall speak also to Amendments 44 and 45, all on serious and organised waste crime. By chance, I found myself involved in this since those from the save Hoads Woods campaign came to me. That resulted in a ministerial direction and resulted in the clean-up of Hoads Wood at a cost of £15 million to the taxpayer, equivalent to the Environment Agency’s annual budget for fighting waste crime. It also led to the Environment and Climate Change Committee conducting a short inquiry into these matters, which has reported in the last couple of weeks. My amendments deal with some of the key findings from that report.

I do not wish to jump the gun, but some of these matters are clear cut; they are urgent, and I want to keep up the pressure. The Bill represents a vital opportunity to make progress, and it is progress that I do not want to be missed. I know that the Government have inherited broken systems and are committed to making reforms, particularly on the broker and dealer regulations, which I welcome and thank them for doing. The work done by the committee clearly shows that all parties recognise that this is a problem and is out of control. The findings paint a picture of fundamentally broken systems, where criminality is endemic in our waste sector. The key is to treat it as an organised crime problem and provide the right tools with which to fight it. We need to fight fire with fire.

While we sit with bits of paper that are easily forged, criminal networks buy land under false ID, using the dark web and secret apps to communicate with each other. I have no wish to blame individuals, but broken systems are creating broken results. This is a £1 billion a year problem. These criminal organised gangs are also involved in drugs, firearms, money laundering and modern slavery. There is the sheer scale: 38 million tonnes—enough to fill Wembley stadium 30 times over—is believed to be illegally managed every year.

We need look no further than the devastating environmental catastrophe that is unfolding in real time in Kidlington, Oxfordshire, as has already been mentioned by the noble Lord, Lord Blencathra, which came to light just this weekend. My heart sank when I saw this, because this dump—150 metres long and 6 metres high—threatens to become an environmental disaster, with toxic leachate running into the River Cherwell, which is only metres away. It feels like Hoads Wood has been allowed to happen all over again. I do not understand how, for months and months, lorries were allowed to dump this stuff and nothing has been done. I ask the Minister seriously to consider meeting the costs and to work with local residents and the council to ensure that that clear-up takes place. That is extremely important.

Without swift and decisive action, we will continue to draw ever more sophisticated criminal networks into the UK waste sector. The National Crime Agency warns that this is now a strategic threat. Beyond financial losses, this is not a victimless crime; there are damaging consequences for public health and the natural environment, and we, the taxpayer, are left to pick up the bill.

We welcome the Joint Unit for Waste Crime, but it has only 12 individuals and has no statutory footing or clear strategic direction. There needs to be better co-operation between partners. The committee heard witnesses say that this is the Bermuda triangle of intelligence—information is simply lost between partners and falls between the cracks. Amendment 43 would require the Secretary of State to take serious and organised waste crime as a strategic priority threat and to mandate the Joint Unit for Waste Crime to establish a comprehensive national action plan. That would focus on prevention, protection and prosecution, underpinned by effective intelligence sharing. It would place a duty of co-operation on all relative public bodies and enforcement agencies, ensuring that intelligence and expertise flow across the system. The national action plan would create a single point for receiving and disseminating waste crime reports.

Members of the public report this and get rightly frustrated when nothing happens. The need is clear: these issues are falling between organisations and jurisdictions, and all the while it is the criminals who are benefiting. Amendment 44 calls for greater transparency and accountability. Openness and accountability are key to understanding the causes and the scale of organised waste crime. A lack of transparency benefits only the criminal networks.

When the Environment Agency was asked by the Environment and Climate Change Committee how many sites of a similar size to Hoads Wood existed, the answer given was six. However, since then Sky News has reported a site in Wigan and, as we have heard, there is the site in Kidlington which was publicised in the press at the weekend. It is not clear whether those two sites are additional, but time will tell, and we need to know the true scale. We cannot effectively fight that which we do not know. More than numbers, it would require location, sizes, types of waste and what action is being taken to clear up these tremendous, huge waste piles. This amendment is also essential; these matters need to be legislated for as otherwise they will not be properly reported.

Amendment 45 is the linchpin of the committee’s recommendations. It would establish a root-and-branch review of serious and organised waste crime which would be independent of Defra, the Environment Agency and HMRC. The committee found multiple failures by the Environment Agency and criticised the regulators for being slow to respond. Despite receiving over 24,000 reports of waste crime in three years to March 2025, the EA opened only 320 criminal investigations. HMRC has achieved zero criminal convictions for landfill tax fraud, despite the tax gap being estimated at £150 million annually. The independent review scrutinised the egregious events at Hoads Wood, the fact that they were reported for years and that it took until January 2024 for the EA to obtain a restriction order. Clearing up the six sites that are already known about could cost close to £1 billion if the cost is similar to that of clearing Hoads Wood.

These are very important issues. Critically, we want to see a change in the financial rules set by the Treasury that prevent the Environment Agency diverting income derived from environmental permits on legitimate businesses towards dealing with criminal activity. Additional funding provided to the Environment Agency for 2025-26 should be maintained.

To conclude, I recognise that the Minister has not had long to consider the committee’s report, and that a formal response is not due until the start of December. My hope is that there is time for a formal response to the committee’s report prior to the Bill’s Report stage. I hope that the Government are minded at least to take an initial look at the amendments. If it is helpful, I am fully prepared to work and co-operate with the Government in any way I can. I beg to move.

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