SWR10

Legislation Committee No 1

Response to the Consultation on the Proposed Shipment of Waste for Recovery (Community Involvement in Arrangements) (Wales) Measure

Pembrokeshire County Borough Council

RE: Consultation on the proposed Shipment of Waste for Recovery (Community Involvement in Arrangements) (Wales) Measure

In response to the above consultation process, I am grateful for the opportunity to offer the following comments for the Committee’s consideration.

1. Is there a need for an Assembly Measure in relation to community involvement in local authorities’ arrangements for dealing with recyclate?

Pembrokeshire County Council do not feel that this proposed Measure is an appropriate way to involve communities in local authority recycling arrangements as a knowledge of the end destination for recyclates and increased public participation in recycling is not believed to be correlated.

2. What are your views on the key provisions set out in the proposed Measure, i.e.

the duty on authorities in Wales to prepare statements in relation to waste destined for recovery shipped outside the European Community and European Free Trade Area (EFTA) (Section 55A(2));

Pembrokeshire County Council does not deal directly with international markets.  Recyclable materials are, in the main, sold through waste management companies or recyclate "brokers” where recyclate is generally pooled with that from other sources before being shipped to multiple destinations.  It is treated as a commodity and traded as such, often passing through several hands before being reprocessed.  It would be difficult, if not impossible, for local authorities to gather all the required information without the waste industry being duty bound to provide the information to them.   The Authority is aware that current WAG powers relate to local government but it is felt that it would be more relevant for the end destination in the UK to prepare statements in relation to waste destined for recovery shipped outside the European Community and European Free Trade Area and that more attention should be given to regulations affecting how recyclate in general is being dealt with.

It is unknown at this time how the market might view the legislation and whether it might deter re-processors from operating in Wales.  Also, whether there might be a negative impact on the price paid for recyclate which would in turn have an impact on the finance available to local authorities to support recycling schemes.

Whilst Pembrokeshire County Council supports the proximity principle, the value to be gained from the sale of recyclate is important as is closed loop recycling.

-the information required for the statement (section 55A, subsection 5(a) -(f));

This information would be difficult to gain from some waste management companies and recyclate "brokers” and even when available will be time consuming and costly to gather at a time when local authority budgets are going to be increasingly pressured.  Including the need for the supply of information as identified in (Section 55A, sub section 5(a)-(f)) in arrangements with waste management companies and "brokers” is likely to have a cost implication which will reduce the value of the recovered material to the Authority.

The arrangements for publication of the statement (section 55B);

Subject to being able to gather the information the Authority would not object to publishing it on our web-site and inviting the public for comments.

The question suggests that Local Authorities are not willing to be transparent.  Pembrokeshire County Council seeks to be transparent and will continue to provide information as and when able.

Pembrokeshire County Council does not deal directly with end destinations for all of its recyclate.  Recyclate delivered to a destination is usually combined with materials from other sources.  The combined material may then be shipped to a number of different re-processors and it can not be identified whose material is shipped to which re-processor.  Also, as the local authority is only one part of the recyclate chain unless the whole process is dealt with in an open and transparent manner the measure can not be achieved.

The requirement to include in the statement an invitation to the public to make representations when deciding on future arrangements for waste destined for recovery (section 55B, subsection 5).

Pembrokeshire County Council strongly supports engagement with the public in waste issues but feels that the proposed Measure is not the most appropriate method for doing this.

3. Do the provisions provide the most appropriate means for ensuring community involvement in local authorities’ arrangements for dealing with recyclate?

Pembrokeshire County Council does not believe that this is the most appropriate means of ensuring community involvement and it may actually serve to dissuade some from participating in recycling schemes without significant investment in education to counter preconceptions that may exist that to export is simply to divert the problem from the UK’s landfills.

4. What are the practical and financial implications of putting these provisions in place?

There will be a significant financial burden in putting the provisions in place and renegotiating terms and conditions of contracts.  However there will also be an ongoing financial burden in maintaining the information year on year as more and more materials are being dealt with.  Pembrokeshire County Council currently seeks out the best prices from reputable waste brokers for the recyclate materials, and our destinations can change from month to month.  Staff time is likely to be increasingly diverted to chasing and verifying information on individual loads, quite possibly in the region of one full time equivalent.

5. Will the proposed Measure achieve its overall purpose and aims, i.e. to engender greater transparency and openness in the way that Welsh local authorities deal with recyclate; for residents to encourage local authorities to use recycling facilities nearer to the source of the recyclate than those further away; and increased interest, and possibly participation, in recycling?

No.  Local authorities are already perfectly willing to be as open and transparent as possible and this measure is likely to achieve little additional benefit for the disproportionate burden and costs.  If residents wish to encourage local authorities to any particular form of action, the existing democratic process can be utilised without creating an additional layer of bureaucracy.  Further this measure is likely to engender the idea that reprocessing recycling materials abroad is a "bad thing” and may well serve to reduce public participation in recycling if people feel their efforts are being wasted.  

Ian Westley
Director of Transportation & Environment