Select Committee on Northern Ireland Affairs Sixth Report


Conclusions and recommendations


1.  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". We welcome this progress. (Paragraph 15)

2.  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. (Paragraph 19)

3.  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, may be imposed, and could be passed on to Northern Ireland. (Paragraph 21)

4.  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. (Paragraph 23)

5.  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, 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. (Paragraph 24)

6.  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. (Paragraph 30)

7.  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. (Paragraph 31)

8.  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) (Paragraph 36)

9.  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. (Paragraph 38)

10.  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. (Paragraph 39)

11.  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. (Paragraph 42)

12.  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. (Paragraph 43)

13.  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'. 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. (Paragraph 50)

14.  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. (Paragraph 51)

15.  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. (Paragraph 52)

16.  The Waste Management Strategy contained fifteen key targets on strategic leadership, but the Waste Management Advisory Board Report shows positive progress has been achieved in only four targets, three of which relate to the establishment and work of the Advisory Board itself. This is a lamentable performance and remedial action must be put in hand at once to ensure substantive progress. (Paragraph 54)

17.  The Department of the Environment established a waste management steering group in early 2004 to co-ordinate implementation of its Action Plan, although this should have taken place much earlier. Other Departments appear to have taken little action to date, and this is unacceptable. We look to the Minister for the Environment to set appropriately rigorous milestones for action within Government. (Paragraph 55)

18.  We are deeply concerned at the Government failure to provide strong leadership in implementing the Waste Management Strategy. The Minister must address this issue at once, and ensure that all Government Departments are fully aware of their joint responsibility for the successful implementation of the Strategy. (Paragraph 59)

19.  The failure to live up fully to its commitment to develop and implement green purchasing policies and practices was a major missed opportunity for the Government to lead by example. The recent issue of a low-key internal guidance note (the Green Procurement Guide) is too little too late, and we believe Northern Ireland cannot afford to wait a further year to judge its impact. We urge the Minister to consider the introduction of a strong code of practice, incorporating clear targets (Paragraph 60)

20.  Commercial and industrial waste processing is not receiving adequate attention. While the regional BPEO (Best Practicable Environmental Option) exercise may help to identify appropriate treatment options for non-municipal waste, we are concerned that the absence of firm proposals to process such waste places a question mark over the ability of the present arrangements to deliver the infrastructure required at the appropriate time. Poor data is undermining the integrity of targets for non-municipal waste and the Government must take steps now to improve the quality of such data. (Paragraph 63)

21.  Given the relatively low cost of waste management relative to turnover for most industrial sectors , it remains to be demonstrated whether any increase in such costs would diminish Northern Ireland's attractiveness to inward investors. Furthermore, significant social benefits are likely to flow from improvements by the commercial and industrial sectors in waste management. (Paragraph 65)

22.  The establishment and work of the Aggregates Recycling Task Group is a positive development and there is a belief within the industry that this is likely to enhance sustainability. The role of the Central Procurement Directorate in instigating the Task Group has received recognition. (Paragraph 66)

23.  We are concerned that non-municipal wastes have not been given the priority they warrant in the sub-regional plans. We recommend that clear consideration should be given to ways in which the relevant facilities can be created. When mechanisms for procuring municipal waste facilities are being developed, consideration must be given to how these can incorporate non-municipal wastes in ways that are attractive to the partners involved. (Paragraph 68)

24.  We received no evidence that higher costs in the management of commercial and industrial waste would necessarily undermine the economic competitiveness of Northern Ireland or deter investors. We recommend that the Department of the Environment and Invest Northern Ireland cooperate in the development of a coherent strategy for dealing with such wastes in which the efficiency of energy and materials resource management has a central place. We believe this is necessary if Northern Ireland is to develop expertise in resource management in commerce and industry for future export. (Paragraph 69)

25.  We are concerned at the absence of specific measures to reduce the growth of municipal waste. We recommend that the Department undertakes a thorough review of potential measures, including charging. (Paragraph 71)

26.  We believe there is a need to develop a clearer and more sophisticated understanding of markets for recycled materials, and to identify those materials for which it is desirable to develop local markets. The aim should be to avoid giving undue support for investment in local reprocessing capacity which has little chance of survival in competitive global markets. (Paragraph 73)

27.  Participation in the Waste and Resources Action Programme (WRAP) has helped to develop processing capacity, both inside and outside Northern Ireland, for materials collected in the region. The Department must continue to support WRAP in Northern Ireland as its range of activities develops. We welcome the work that is taking place with the Republic of Ireland to develop markets on an all-Ireland basis. (Paragraph 77)

28.  We call on the Minister to undertake an urgent review of the Waste Management Industry Fund, and market development funding generally, with a view to ensuring greater participation by the private sector and the involvement of the community and voluntary sector (Paragraph 80)

29.  In making use of the work underway by WRAP, Northern Ireland must seek to develop new markets for materials extracted from the waste stream by supporting the establishment of standards which use secondary materials. For example, the PAS100 standard can provide assurance about the quality of compost; and the Quality Protocol is able to provide confidence that quality aggregates can be produced from inert wastes. The Department should consider linking recycling and composting targets to the PAS100 standard to ensure the production of good quality products for the market. (Paragraph 83)

30.  We recommend that the Department clarifies the status of existing guidance by the Department for Environment Food and Rural Affairs on the production of compost following the recent Animal By-Products Regulations. If the term 'Draft' no longer applies to the guidance, it should be dropped. If it is the intention to develop the Guidance, an indication of how and when this will be done should be given to enable equipment suppliers to tender for contracts on a sound basis (Paragraph 85)

31.  We were encouraged to hear from the Southern Waste Management Partnership that "in recent months there have been some very firm measures taken by the Police Service of Northern Ireland and the Garda Síochána with regard to illegal trans-frontier shipments. To some extent this has been quite effective and has dealt with the large movements of waste across the border". (Paragraph 87)

32.  We welcome the action that has been taken to tackle illegal dumping, including the high level of cross-border co-ordination and co-operation, and meetings at Ministerial level. We recognise the difficulty that the difference in landfill costs on either side of the border raises for Northern Ireland. We strongly support the bid by the Department for additional resources to tackle illegal dumping activity and we urge the Minister to proceed with urgency to assess whether legislative changes may be required. (Paragraph 91)

33.  Fly tipping is a growing and insidious problem, and we are pleased that the Department of the Environment is considering a range of measures to deal with it more effectively. We urge the Minister to ensure that this work proceeds without delay and that the existing regulatory powers are enforced fully. (Paragraph 96)

34.  We support the calls for the establishment of an Environmental Protection Agency for the Northern Ireland although we recognise that its remit would extend well beyond the issue of waste management. We are pleased that the Minister appears receptive to this, and call on her to undertake a review to identify the best option for Northern Ireland (Paragraph 101)

35.  We commend the commitment of those working to develop and implement a strategic approach to waste management in Northern Ireland. We recognise that much good work has resulted. Nevertheless, Northern Ireland's response to the challenge of managing waste and compliance with EU Directives has been patchy and much too slow (Paragraph 102)

36.  We believe that mere compliance with the EU Waste Management Directives is insufficient. Northern Ireland must strive to develop a strong indigenous waste management strategy. Only by doing so can the vision for Northern Ireland set out in the Strategy as a "centre of excellence in resource and waste management" be realised (Paragraph 103)

37.  The development of the Strategy through the involvement of stakeholders, and the co-operation and partnership achieved among District Councils, have been positive achievements. However, the failure of Government departments to provide strong overall leadership is disappointing, and has put in jeopardy the likelihood of meeting the EU targets, and realising the strategy's vision (Paragraph 104)

38.  There are a number of immediate challenges facing the Government. A revised Strategy cannot wait until the end of 2005. The crisis in planning is delaying the provision of infrastructure and endangering the further involvement of the private sector. The absence of a clear funding plan must be addressed, and better guidance on procurement provided (Paragraph 105)

39.  To enable overall progress to be made, strong Government vision and leadership is needed. The Minister for the Environment should adopt the role of 'waste champion' in Government to ensure that all Departments and public bodies play their full part. However, Government action alone will not ensure a sustainable environment. A strong response from Government needs to be matched by timely and effective action from all stakeholders. (Paragraph 106)


 
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