House of Commons - Northern Ireland Affairs

Select Committee on Northern Ireland Affairs Sixth Report

1 Introduction

1. Waste arises from the way we use the goods and services we buy, and is defined generally as 'useless remains or by-products, refuse, scraps, shreds'.[1] The EU Waste Framework Directive defines it is as any substance or object, which a householder disposes of or is required to dispose of pursuant to the provisions of national law[2] If our environment and natural resources are to be protected, waste can no longer be viewed as 'useless remains', or as a problem for disposal, but as a valuable resource to reuse or recycle. Such changes would reduce the overall impact on our natural resources and protect the environment.

2. A Waste Management Strategy for Northern Ireland was developed and published by the Department of the Environment ("the Department") in March 2000.[3] This "offers a long-term vision for the future development of waste management practices in Northern Ireland and provides the framework to enable this to become reality".[4] A formal review of the Strategy by the Department began in March 2003, and is due for completion by the end of 2005.

3. This report sets out the results of our examination of progress in implementing the Waste Management Strategy. During our inquiry we looked in particular at:

action to reduce the amount of household waste sent to landfill
progress on targets in the strategy regarding reduction in waste growth, recycling and recovery
the issue of markets for materials collected for recycling, and the possible opportunities for Northern Ireland
the current availability of landfill capacity
illegal dumping of waste
progress in the development of alternatives to landfill for the treatment of waste, and
the potential to learn from experience elsewhere.

4. We were conscious that similar work into progress on waste management in England has been undertaken by the Environment, Food and Rural Affairs Committee[5] and by the Environmental Audit Committee.[6]

5. We have taken oral evidence from a wide range of organisations at Westminster, Belfast and Londonderry, and have visited a landfill site, a kerbside collection scheme, and a recycling depot in Belfast. We are most grateful to all those who have assisted with this inquiry, in particular those who provided oral or written evidence. We wish to thank Dr Dominic Hogg, our Specialist Adviser, for his valuable assistance.

Background

6. Northern Ireland, like the rest of the United Kingdom, has been heavily reliant on landfill for the management of its household waste for many years. Although it has long been appreciated that this practice was not 'environmentally friendly', it continued largely unchecked, with little development of recycling and composting. Approximately 96% of all controlled waste in Northern Ireland was sent to landfill sites in 2000.[7]

7. The management of household waste throughout the United Kingdom was affected profoundly by the Landfill Directive.[8] The Directive came into force in 1999 and required a major change in the way waste is processed. It emphasised the need to reduce the amount of waste disposed of in landfill sites, in particular biodegradable waste, by increasing the levels of recycling and recovery, and sought "to reduce the amount and toxicity of landfilled waste, to set standards for design and operation, to encourage pre-treatment, to prevent the mixing of hazardous municipal waste and to ban disposal of certain prescribed waste such as tyres, health care, flammable and liquid waste".[9]

8. The Northern Ireland Waste Management Strategy produced in 2000, in fulfilment of a requirement in the EU Waste Framework Directive,[10] was the first in the United Kingdom and followed a three-year programme of consultation with key stakeholder groups. The Environment and Heritage Service (EHS), an executive agency of the Department, is responsible for implementing the Strategy, and it also administers and enforces the new waste controls.[11]

9. District Councils are responsible for the collection of municipal waste; ensuring "that suitable arrangements are made for its recovery, recycling and re-use and disposal";[12] and are central to the implementation of the Strategy. The Councils collaborated to form three sub-regional partnerships, and developed detailed Waste Management Plans to identify waste management provision required at a local level.[13]

10. A Waste Management Advisory Board (WMAB), comprising representatives of key stakeholder groups, was established in May 2001 to help guide implementation of the Strategy and promote sustainable waste management throughout the community. Amongst other things, WMAB was tasked with the preparation of an independent Strategy Review Report which was published in June 2004.[14]

Progress so far

11. The Department of the Environment claimed in its written submission that, since work began on the development of the Waste Management Strategy in 1997, "very substantial progress has been achieved", while acknowledging that "maintaining the progress also raises significant challenges".[15] The adoption of the sub-regional Waste Management Plans drawn up by District Councils, which assisted Northern Ireland in meeting the requirements of the Waste Framework Directive, was highlighted as a significant achievement.

12. Some respondents have been critical at the slow pace of Strategy implementation. For example, we heard that "the failure of the Strategy to deliver lies less with the Strategy document itself than its implementation";[16] that "overall progress has been disappointing, and much more needs to be done if we are to truly tackle the fundamental causes of waste production";[17] and "initial conclusions are that current progress against the Strategy, and the associated European Directives, has been patchy".[18]

13. Several particular criticisms recurred in the evidence we received, including the failure of Government Departments to live up to the commitment to develop and implement 'green' purchasing policies;[19] the lack of funding and infrastructure which is a barrier to increasing recycling levels;[20] and an over-emphasis on household waste at the expense of commercial and industrial, construction and demolition, and agricultural waste.[21] The Planning Service was heavily criticised for its approach to the issue of landfill capacity, and for the time taken to deal with any waste management applications.[22]

14. A 'Wake up to Waste' media advertising campaign was launched by the Department in February 2002 to raise awareness of waste management and encourage public participation in recycling and in reducing waste.[23] This campaign was effective in raising the profile of waste issues. However, it "raised expectations [of recycling] to an unachievable level"[24] because the infrastructure for recycling opportunities was frequently not present.

15. Northern Ireland's poor record of converting EU Directives on waste into regulations has changed recently. The Minister confirmed that some 45 pieces of legislation had been implemented which had "brought Northern Ireland up to date with the UK and our EU partners".[25] We welcome this progress.

16. While the establishment of three sub-regional Waste Management Plans by District Councils has been a positive development, there have been calls for the further development of these into a single Waste Management Plan for Northern Ireland.[26] The Waste Management Advisory Board told us that, while it commended the work of the Councils, it considered that "virtually everyone else in the industry would welcome a single plan."[27] Friends of the Earth supported this view.[28] The Department acknowledged that, as part of its review of the Strategy, it was "moving in the direction of convergence of the existing waste management plans".[29]

17. The Department acknowledged that a major difficulty in measuring progress on implementing the Strategy has been a lack of dependable data.[30] One example was the target set by the Department "to reduce its overall paper use by 10% by 2002" for which it had no benchmark against which to measure progress. "That issue of data applies across all targets."[31]

18. The Southern Waste Management Partnership (SWaMP) pointed out, however, that "the data collection system has been upgraded over the last couple of years. Obviously we are moving towards a stage where data is getting better and better."[32] Friends of the Earth recognised that the Department had "initiated a data flow project which collects data on municipal waste arisings", and called for this to be extended to the commercial and industrial sector "because how can you monitor progress if you have got no idea what is out there?"[33]

19. Some progress in implementing the Waste Management Strategy has been achieved, but overall it has been slight. The crucial issue is the pace of change, and whether Northern Ireland can achieve even its statutory obligations in the remaining time available, far less a major shift to the sustainable management of resources.

Time Pressures

20. The development of the Waste Management Strategy and the sub-regional Waste Management Plans enabled Northern Ireland to meet its obligations under the EU Waste Framework Directive.[34] The EU Landfill Directive, adopted in 1999, set targets for reducing the amount of household waste (referred to as biodegradable municipal waste or BMW) going to landfill sites:

Reduce the quantities of biodegradable municipal wastes being landfilled to 75% of 1995 baseline levels by 2006, 50% by 2009 and 35% by 2014.

The United Kingdom was given the option of derogations to defer these targets to 2010, 2013 and 2020 respectively because of its high reliance on landfill.[35] Taking this and other EU Directives into account, the strategy adopted a series of targets for recycling and waste reduction.Strategy Targets

Primary Targets

Recover 25% of household waste by 2005.
Recover 40% of household waste by 2010, of which 25% shall be by recycling or composting.
Reduce the quantities of biodegradable municipal wastes being landfilled to 75% of 1995 baseline levels by 2010, 50% by 2013 and 35% by 2020.

Secondary Targets

Stem the increase in waste arisings per household, returning to 1998 levels by 2005 and thereafter arisings by 1% every three years.
Each district council to set out in a Waste Management Plan provision for recycling or composting 15% of their household waste arsings by 2005.
The Department to specify, and introduce in 2002, a mandatory recycled content for selected procucts and materials purchased.
Recover a minimum of 50% of packaging waste, of which at least 25% shall be recycled and at least 15% of each packaging material recycled.
Reduce the quantity of biodegradable municipal waste being landfilled to 85% of 1995 levels by 2005.
The Department to reduce its overall paper use by 10% by 2002.
Recover a minimum of 85% of the materials in End of Life Vehicles by 2005 and a minimum of 90% by 2015.
Recover a minimum of 90% of large Waste Electrical and Electronic Equipment (WEEE) by 2004 and a minimum of 70% of WEEE.
Recover 85% of waste tyres by 2005 and 100% by 2010.
Reduce the amount of construction and demolition waste landfilled to 85% of 1998 levels by 2005.

Department of Environment: The Waste Management Strategy for Northern Ireland 2000

21. If the 2010 and subsequent targets for the amount of household waste sent to landfill are not met, significant EU financial penalties, estimated to be of the order of £180 million per annum for the United Kingdom as a whole,[36] may be imposed, and could be passed on to Northern Ireland.

22. The Government introduced a Landfill Allowances Scheme to ensure compliance with the Landfill Directive targets. This will provide allowances to District Councils for diverting household waste from landfill sites and comes into operation on 1 April 2005.[37] The Scheme also provides for financial penalties of £150 per tonne (initially £200) in any year in which a Council exceeds its allocation. However, local government representatives voiced concerns about these penalties, arguing that no account was taken of the sub-regional Waste Management Plans drawn up by groups of Councils prior to the Scheme. In addition, the Technical Advisers Group (TAG) argued that "…the scheme does not appear to recognise that Council's performance depends on many factors outside its control … Councils feel that Government … is abrogating its responsibility … by delegating it to District Councils. Councils also perceive Government to be ignoring the way that the infrastructural deficit will actually be addressed by step increases in capacity …"[38]

23. The race is on to meet the first major target in 2010 for reduction of waste going to landfill. However, the excessive delays in the planning process, the lack of appropriate infrastructure to provide alternatives to landfill, and the absence of a clear funding strategy mean that this target may not be met.

Planning Delays

24. The Department acknowledged that "in the consultation responses on the Strategy review, one of the common threads is the long delays in obtaining planning permission for new waste management infrastructure. This is understandable, as there has only been one major planning permission issued for waste management since development of the Strategy began."[39] The Planning Service has been widely criticised for inordinate delays in reaching decisions on applications for waste management facilities. We were astonished to learn that it can take up to ten years to get planning permission for waste management facilities,[40] and we were given details of a specific application by a private sector company for an extension to a landfill site on which no decision has been made more than eight and a half years after it was lodged.[41]

25. The Department's position was that the delays were the result of an attempt to prepare the ground prior to taking decisions:

However, Belfast City Council had concerns over this approach.[43]

26. The serious impact of planning delays on infrastructure development and on investor confidence was highlighted to us by many of those who contributed to our inquiry.[44] It seems likely that this disillusionment with the planning process is contributing to the current dearth of applications for non-landfill facilities.[45]

27. Arc21, the eastern area sub-regional group, told us that the absence of decisions on landfill applications "has required some of the district councils in this region to export waste to the mainland, particularly Scotland";[46] while TAG pointed out that "the general policy which restricts landfill capacity, and identifies sites at specific points in time, is fundamentally in conflict with a market-led approach to competition and Best Value. It restricts choice, distorts market conditions, presumes towards monopolisation and as a consequence increases costs. It is also extremely inflexible in terms of evaluating new or emerging proposals".[47]

28. The Department sought to reassure us that "the hold on major landfill applications" had been a "positive contribution", and that "effectively those major sites started the process in December 2002" and were now almost at the decision stage.[48] Angela Smith MP, the Minister for the Environment, and her officials, recognised the problems in processing applications for facilities to divert waste away from landfill sites, which take around a year on average to determine, and also the poor quality of some applications, and they outlined steps being taken to assist applicants.[49]

29. In addition to planning approval, the environmental impact of certain waste management activities is controlled under the Integrated Pollution Prevention and Control (IPPC) regulatory system.[50] The Department of the Environment, which also determines applications for permits under this system, told us that there have been five applications but no determinations issued to date.[51]

30. We are deeply concerned that the continuing substantial delays in dealing with planning applications for waste management facilities are having a major impact on the provision of infrastructure to implement the Waste Management Strategy. We also have concerns that the Department appears to be limiting landfill applications at a time when disillusionment with the planning process is deterring applications for alternatives to landfill.

31. There is a pressing need to restore confidence in the waste management sector if Northern Ireland is to create the infrastructure necessary to fulfil its obligations. We appreciate that the Planning Service is currently involved in a major review of process. However, we believe that the diminishing time available for implementing the Waste Strategy demands action now. We call on the Minister to take immediate steps to ensure that decisions are taken on existing applications, and that future planning decisions relating to waste management are made within a reasonable time. Such decisions also need to be made following adequate public consultation, not only with statutory consultees.

Infrastructure

32. In order to implement the Waste Management Strategy, in particular, to meet obligations under the Landfill Directive, an increasing quantity of waste will need to be dealt with through methods other than landfilling. This applies not only to household waste, which is the subject of the quantitative targets under the Directive, but also to other wastes, for example:

The Landfill Directive requires Member States to prepare a plan for the reduction in landfill of all biodegradable wastes (not only biodegradable municipal wastes) so alternatives to landfilling must be found[52]
The Animal By-Products Regulations ban so-called former foodstuffs from being disposed of in landfill sites from the end of 2005[53]
The announcement by the Chancellor of the Exchequer, reiterated in his recent Autumn statement, to increase landfill tax from £15 per tonne to £35 per tonne over the medium-term, is likely to encourage waste producers, particularly from industry and commerce, to seek alternatives ways of dealing with waste[54]
The Packaging Directive will require a growing proportion of packaging materials to be recycled and recovered over the coming years[55]
Targets under the Waste Electrical and Electronic Equipment, and End-of-life Vehicles Directives will require a growing proportion of material from these waste streams to be dealt with through recycling and re-use[56]
For general reasons of sustainability, and given the emphasis by the Planning Service on fulfilment of the Best Practicable Environmental Option, a reducing quantity of most wastes will be destined for landfill; and,
The Strategy targets - aside from those which re-state the Landfill Directive targets - will, if they are to be met, require development of an expanding infrastructure for dealing with waste through means other than landfilling

33. Infrastructure to provide the alternatives to landfill is not in place. The CBI told us that "one of the key comments we made when we initially commented on the Draft Waste Management Strategy a number of years ago, was that it was very important that there was an infrastructure and indeed markets in place for recycled products. I think we still have issues around that".[57] TAG pointed out that "how we actually deliver that infrastructure [is]… the biggest challenge for us collectively in government in Northern Ireland."[58]

34. During the development of the Strategy and the sub-regional Waste Management Plans, a decision was taken by the Planning Service to defer many decisions on landfill applications.[59] The principal reason appears to have been an attempt to restrict the availability of landfill space to steer materials into treatments other than landfill. The Department explained that "what we wanted was a balance of facilities that presented compliance opportunities as well as competitive opportunities to deliver the targets…".[60] However, this laudable objective has not been realised, and we believe the approach adopted may already have had a number of detrimental consequences for the development of the necessary infrastructure in Northern Ireland:

A Report by EHS in 2003 "identified that landfill capacity for municipal waste was rapidly being exhausted",[61] while TAG highlighted "an urgent requirement for the current back-log of planning applications to be relieved as a priority to provide for both interim and longer term capacity, particularly in relation to landfill".[62]
As long as relevant obligations and targets were being met, the restriction of landfill void space might have been acceptable if there were sufficient alternatives being developed. However, the Department acknowledged "we have had no significant applications for new facilities and that is an issue."[63]
Another consequence of the planning delays identified by the Waste Management Board was that they "are driving away some investors or discouraging them from making investment in infrastructural development."[64]

35. The Department's memorandum makes clear that "PPS11 places an onus on the applicant to demonstrate both need and BPEO [Best Practicable Environmental Option]. The latter has caused a difficulty, as the BPEO Decision Maker's Guide addresses the establishment of a general BPEO for WMPs [waste management plans], rather than site-specific BPEO for individual planning applications."[65]

36. We believe that the efforts to remedy the absence of alternatives to landfill may be hindered by current work to develop a Northern Ireland-wide Best Practicable Environmental Option (BPEO).[66] This approach is apparently in response to requests from the sub-regional groups for advice from the Department about the appropriateness and possible location of facilities. The Department said that "we were looking at this in response to the strategy review findings which indicated that a number of the councils were confused about what it was trying to deliver and they wanted a clear steer from the department".[67]

37. While there have been positive reactions to a Northern Ireland-wide BPEO, [68]the implications of waiting for a BPEO report until the summer of 2005 caused the Waste Management Advisory Board some concern.[69]

38. If the intention is to defer decisions on planning applications for facilities still further on the basis that these might not be part of some future Best Practicable Environmental Option (BPEO), then the likelihood of those facilities being procured, let alone becoming operational in the short to medium term, will be reduced radically. Delays in procurement processes compound this problem. It is also difficult to see how a regional level BPEO exercise can overcome the problem identified by the Department in respect of site-specific BPEO justifications.

39. There is a danger of confusion over the level at which decisions should be taken about the type, scale, and location of facilities for dealing with waste. If the regional level process is not prescriptive, then its local impact will be limited. On the other hand, if the intention is to be prescriptive, the process runs the risk of excluding local input. A delicate balance must be found if an inclusive, transparent, and effective process is to be put in place.

40. The desire for 'integration' across sub-regional plans, and the determination of applications by a regional level Planning Service, appear to be in conflict with the local political character of decisions concerning waste management. The WMAB, in its report on the Waste Management Strategy stated that "There remains a lack of understanding amongst key stakeholder groups of what each was supposed to do to deliver the strategy. There was not enough clarity in the Strategy on the key actions for each sector".[70]

41. These issues go to the heart of the important questions posed by the Department in its submission: "Should the individual District Councils remain responsible for waste disposal? Should the three existing sub-regional Groups be formalised in some way to facilitate procurement on behalf of the constituent District Councils? If further co-operation between the three Groups is required, how can this be facilitated and formalised? Should some aspects of the waste disposal function be centralised for Northern Ireland as a whole, e.g. the responsibility for waste management planning, or 'waste business planning'?"[71] The Department noted the dilemma it faced in having to make significant decisions about Northern Ireland's waste management prior to any conclusions by the current Review of Public Administration in Northern Ireland[72]

42. We are concerned that waste management infrastructure planning and procurement processes are seriously behind schedule. The Department seems fairly confident that Northern Ireland is on track to meet the 25% recycling target by 2005. However, as planning applications take at least a year to determine, and procurement processes have barely begun, the prospect of meeting the first Landfill Directive target in 2010 looks bleak.

43. We call on the Minister to identify quickly the required infrastructure taking account of the shortening timescale available for planning, procurement, and construction. An analysis of the views of would-be providers should also be undertaken to establish why greater investment in the sector is not taking place.

Finance

44. Funding is a vital element in delivering the Waste Management Strategy. The main burden of providing funding for the management of household waste has fallen on District Councils, largely through the rates system. The Department has estimated the likely capital expenditure by the three sub-regional groups as £42.4 million for the period 2003/04 - 2005/06.[73] Central Government funding has been provided to District Councils since 2001.[74] This grant aid, currently £10 million per year, covers "roughly 45 per cent"[75] of District Council expenditure on waste management, with the remainder coming from the rates.

45. There are two funding concerns. First, the announcements about the level of financial support available have been made rather late in any given year, and without any substantial forward commitment. Second, this money has to be spent within a short time period. These factors together limit seriously the possibilities for strategic planning.[76] Future uncertainty over the funding continues to cause concerns for District Councils. In May 2004 John Quinn of TAG, told us that "Unfortunately, within the last few weeks we have been advised that in the current review of public expenditure there is a danger that that money could be reduced by 25 per cent."[77] It was not until September 2004 that the Minister confirmed that the Councils would receive the full £10 million in the current year 2004/05, but the announcement contained no commitment to funding in future years.[78]

46. Widely differing estimates of the overall cost of implementing the Strategy were given to us, and there is recognition in the Department's submission that the question of how it will be financed has yet to be addressed. Finance is also mentioned as one of four key issues that appear to be awaiting the outcome of the Northern Ireland-wide Best Practicable Environmental Option. The Department told us:

47. Professor Boyd, Northern Ireland Waste Management Advisory Board, stressed that "The infrastructure is the key, it is the link and there is…somewhere around three billion pounds needed over the next 20 years….In fact, over the next five years if we are to meet targets the estimated expenditure is around £500 million."[80] The Department disputed these figures, stating that, in addition to the costs to implement the District Council plans, "the macro-infrastructure costs range, we think, from £250 million to establish new high-tech plant and landfills and other bits and pieces to maybe up to £400-£450 million."[81] When asked about this difference of opinion over estimates the Minister introduced a further figure:

A subsequent Government submission gave a breakdown of the £268 million with only £51 million of this for the first three years and the remaining £217 million over the following seven years. The submission made it clear that the Strategic Investment Board figures were "provisional preliminary estimates only".[83]

48. Local authorities are required to consider budgets and set the level of rates despite these uncertainties, and Derry City Council explained the consequent difficulties: "the increase in rates projected for next year…is a 20% increase to cover waste management. Over the past two years we have seen very significant increases in rates…". It acknowledged that central Government aid was important but said "…faced with the issue that we are faced with, that level of grant aid is almost insignificant in reality and as time progresses it will become even more so…."[84] A Departmental official agreed that local authorities would probably have to increase their rates to meet the additional cost of waste management,[85] but the Minister seemed more hesitant about this approach.[86]

49. The availability of funds is not in itself sufficient to guarantee the timely provision of facilities. There appears to be uncertainty also over how districts or sub-regions will procure new facilities. The CBI noted that "there is a need to develop a procurement/investment framework that sets out the roles and responsibilities for all parties involved in the procurement, development and funding of facilities, to generate the appropriate confidence for investment by the private sector."[87] Until these issues are resolved progress will continue to be unacceptably slow.

50. We welcome the recognition of the need for investment in waste management infrastructure included in the recent draft consultation document 'Investment Strategy for Northern Ireland 2005-2015'.[88] However, the level of investment needed has not been developed in any detail. We call on the Minister to draw up urgently a robust and realistic funding plan to provide the necessary infrastructure over the life of the Waste Management Strategy.

51. Within this overall funding plan clear lines of responsibility for the provision of local infrastructure by District Councils need to be identified. The Minister must clarify the extent to which this local infrastructure will require to be funded from local rates, and make a firm commitment to provide an adequate level of central Government funding for future years.

52. We recommend that a review of the relevant legislation is carried out to ensure that adequate powers exist to enable District Councils, either individually or collectively, to enter into appropriate arrangements with the private sector and community sector providers of waste services.

1 Oxford English Dictionary Back

2 The Waste Framework Directive - 75/442/EEC (as amended in 91/156/EEC) Back

3 Waste Management Strategy Northern Ireland, Department of the Environment, March 2000 Back

4 ibid (Introduction) Back

5 An Inquiry into "Waste policy and the Landfill Directive" is nearing completion and a report is due shortly. http://www.parliament.uk/parliamentary_committees/environment__food_and_rural_affairs.cfm Back

6 The Committee took oral evidence on "Hazardous Waste and Waste Policy" from Rt Hon Elliot Morley MP, Minister of State, DEFRA http://www.parliament.uk/parliamentary_committees/environmental_audit_committee/reports_and_publications.cfm Back

7 Ev 114 Back

8 Council Directive 1999/31/EC of 26 April 1999. The Directive's overall aim is "to prevent or reduce as far as possible negative effects on the environment, in particular the pollution of surface water, groundwater, soil and air, and on the global environment, including the greenhouse effect, as well as any resulting risk to human health, from the landfilling of waste, during the whole life-cycle of the landfill". Back

9 Ev 3 Back

10 The Waste Framework Directive - 75/442/EEC (as amended in 91/156/EEC) requires MemberStates to appoint competent authorities to draw up Waste Management Plans which develop an integrated network of regional facilities. The Directive also establishes requirements for licences and registration of carriers, and the polluter pays principle. The Waste Management Strategy itself did not fulfil these requirements in and of itself, the sub-regional plans having a major role to play. Back

11 In GB regulatory activity is separate from Government. In England and Wales it is carried out by the Environment Agency and in Scotland by the Scottish Environment Protection Agency. Back

12 Ev 97 Back