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11.13 am

Sir Paul Beresford : I can hear my hon. Friend the Member for Ryedale (Mr. Greenway) sigh as the prospect of lunch disappears over the horizon. I am sure that the bar will still be open by the time he gets to the racing.

I genuinely congratulate my hon. Friend on this important Bill. I accept that it could have been stronger and that he would have liked it to be stronger. I am sure that my local branch of the National Farmers Union would back that, as well as those who are involved with horses. My constituency has a large number of horse owners and a local authority that is aware of the problem because it uses its property for cutting hay. I have cattle and dairy farmers in my area but, being close to London, we also have a number of very small landowners.

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The problem is that ignorance can come with that. If one has horses—or hay, like the local authority—next to a small section of land that has become progressively dominated by ragwort, and the owner shrugs his shoulders and says, "So What?"—that has happened to me, and to the RSPCA and the local authority—one ends up feeling hopeless. We now have a code of practice and an opportunity to press the Minister. For once, I hope that when the season comes around the Minister is not reshuffled, so that we can approach him directly. I hope that he will remember his words and his almost-promises and that we can count on action. That action will be on the basis of the Bill going through, as I sincerely hope it will, and on the code of practice that comes from it.

I hope my hon. Friend the Member for Ryedale enjoys what is left of the day, even if it is just the evening.

11.15 am

Mr. Roger Williams (Brecon and Radnorshire): I shall be brief, and I draw the attention of the House to my entries in the Register concerning agriculture and agricultural land.

On behalf of the Liberal Democrats, may I say how much we welcome the Bill? I congratulate the hon. Member for Ryedale on his work; certainly horse owners in Wales will be grateful for his efforts on their behalf, as will the broader population of the countryside.

Landowners have a responsibility to keep their land free from ragwort, particularly where horses can enter that land; sometimes that entry is accidental and everyone has a responsibility in these matters.

As I travelled down from Wales yesterday, on the English side of the Severn bridge people were vigorously digging up ragwort; at least I took it to be ragwort. That

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drew to my attention the fact that the Bill affects England and Wales. However, the Bill amends the Weeds Act 1959, an Act that was subject to a transfer order to the National Assembly for Wales. Perhaps the Minister could write to me on this point. Will the code that he intends to produce cover England and Wales or is the code just for England?

Mr. Greenway: England and Wales; it is in the Bill.

Mr. Williams: As I understand it, the Weeds Act is a devolved matter and the Bill amends a devolved Act.

Alun Michael: The code of practice is intended for England and Wales. That was the basis of consultation, and is a matter that we discussed with the Assembly.

Mr. Williams: I am pleased to get that assurance. This is the first time I have taken part in debates on the Bill, but I am extremely supportive of it. Will the Minister add the Farmers Union of Wales to his list of consultees in drawing up the code, because obviously it would like to make an input? I wish the Bill well, and I am sure that it will make a major contribution to the countryside of England and Wales.

Question put and agreed to.

Bill accordingly read the Third time, and passed.

Mr. Wilshire: On a point of order, Mr. Deputy Speaker. Would it be in order to wish my hon. Friend the Member for Ryedale a safe journey to York racecourse, to ask him if he has a good tip for the four o'clock and, if he gets there on time, to put a few quid on for us?

Mr. Deputy Speaker: I am sure the hon. Gentleman would not expect the Chair to comment on such matters.

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11 Jul 2003 : Column 1523

Household Waste Recycling Bill

As amended in the Standing Committee, considered.

New Clause 1

Power to Apply Section 45A to Welsh Waste Collection Authorities


'After section 45A of the Environmental Protection Act 1990 (as inserted by section 1 of this Act) there is inserted—
"45B Power to apply section 45A to Welsh waste collection authorities
(1) The National Assembly for Wales may by order made by statutory instrument provide that section 45A above shall apply, subject to subsection (2) below, to all waste collection authorities whose areas are in Wales, as it applies to English waste collection authorities.
(2) Where the Assembly provides as mentioned in subsection (1) above, the reference to the Secretary of State in section 45A(5) above shall be read for these purposes as a reference to the National Assembly for Wales.
(3) Section 161(3) below (which relates to ordermaking powers) shall not apply to the making of an order under this section.".'.—[Mr. Morley.]

Brought up, and read the First time.

The Minister for the Environment (Mr. Elliot Morley) : I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Sir Michael Lord): With this it will be convenient to discuss Government amendment No. 1.

Mr. Morley: The amendments have been tabled in response to concerns raised in Committee that the National Assembly for Wales should have the power to apply the Bill to Welsh local authorities.

Before I go into detail, I congratulate my hon. Friend the Member for Lewisham, Deptford (Joan Ruddock) on the enormous amount of work that she has put into the Bill with my predecessor as Minister and groups such as Friends of the Earth, which supports the Bill. The Bill, as amended in Committee, addresses a great many concerns and makes a very important contribution to waste minimisation and recycling.

The Government amendments that were accepted in Committee were not applied to Wales because waste is a devolved matter and it would not have been appropriate to impose requirements on Wales. Initial contact with the National Assembly for Wales had indicated that it did not want the provision to be introduced because this is a devolved matter, and because it has its own waste strategy, "Wise About Waste". Through that strategy, it seeks to work in partnership with local authorities to achieve improved recycling and diversion from landfill. For example, the Assembly has not introduced such recycling targets under the best value provisions in the Local Government Act 1999, but it is working with local authorities, using voluntary targets under policy agreements.

Current indications are that local authorities are working successfully towards delivering the first round of targets within the waste strategy for Wales. Under those agreements, which will require 15 per cent. composting and recycling by the end of 2003-04, we

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have already seen a significant increase on the 5 per cent. figure of only a few years ago. "Wise About Waste" recognises that kerbside collection is the best way of separating viable materials for recycling, and encourages local authorities to introduce it. However, the strategy also recognises the need for local authorities to be able to respond flexibly to local circumstances: in the very rural parts of Wales, alternative arrangements may be preferable, recognising the different circumstances of local authorities.

The National Assembly for Wales is understandably concerned that the current successful and flexible voluntary arrangements in Wales be retained, and we understand that. However, Committee members made the reasonable point that the Assembly does not have primary legislative powers and therefore could not apply those provisions to Wales at a later date if it considered it useful to do so at some stage. My right hon. Friend the Member for Oldham, West and Royton (Mr. Meacher) agreed to write formally to the Assembly to ask if it wanted the power to apply the Bill to Wales. I am pleased to say that the Assembly has agreed that that would be useful, so we are introducing these provisions.

New clause 1 will allow the Assembly, by order, to apply the requirement that Welsh local authorities collect at least two recyclates, separate from residual waste, by the end of 2010. The Assembly will then have the power, equivalent to that of the Secretary of State, to grant an individual local authority an extension beyond that for up to five years. We have not included Wales in the requirement to report to Parliament because that would clearly be inappropriate. However, if the Assembly decides that it needs to introduce the Bill's provisions in respect of Wales, the Assembly's normal arrangement, whereby the relevant Minister reports on progress across his or her portfolio, will of course apply in such circumstances.

I am very pleased that the Welsh Assembly has given its support to the principles behind the Bill. I am also pleased to move these amendments, so that we can extend the provision to include Wales, and I commend them to the House.

Mr. George Osborne (Tatton): I begin by congratulating the hon. Member for Lewisham, Deptford (Joan Ruddock) on the way in which she has steered this Bill through the rapids of the private Members' Bill process; indeed, she had previous experience of this process some years ago. She has a well-established commitment to this issue, and rather than allowing the Bill to go down in flames by sticking rigidly to the points that she wanted to make, she has shown a willingness to be flexible. She has worked with the Government—always a sensible move when it comes to business on Friday—and as a result we have a Bill that we all hope will become law.

I want to make it clear that the official Opposition entirely support the Bill, just as we supported the previous version. I take this opportunity to pay tribute to my hon. Friend the Member for Mid-Bedfordshire (Mr. Sayeed), who did speak for the Opposition on this issue but resigned from the Front Bench over the issue of Iraq, on a matter of principle. He left a real legacy by getting the Conservative party to take an even greater interest in green and environmental issues.

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That said, we very much welcome the extension of the Bill to Wales, and we shall support new clause 1.


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