The request came after planning permission was granted for a waste plant in Wisbech, Cambridgeshire, with Mr Barclay expressing concerns and flagging his constituency interest.
MVV Environment, the company behind the Wisbech plant, has allegedly threatened legal action against the government following a temporary ban on permits.
Officials had previously raised concerns about Mr Barclay’s involvement, as ministers are expected to ensure no conflict of interest arises with their roles as constituency MPs.
Permit
The decision to pause issuing new operating permits was made by a junior minister, Sir Mark Spencer, after Mr Barclay recused himself from incinerator-related decisions.
However, questions have emerged regarding the timing of Mr Barclay’s recusal, as a request for legal advice from his office predates his formal step-away date.
The request sought clarification on whether a minister could halt new permits or revoke existing ones pending an assessment of residual treatment needs. Legal advice, leaked to the BBC, warned such a move could be “unlawful” and raise concerns of bias.
Sources close to Mr Barclay maintain that he made it clear from the outset that incinerator policy should be handled by another minister. MVV Environment’s lawyers have reportedly written to the Department for environment, food and rural affairs (Defra), threatening legal action if the permit pause is not lifted.
Both MVV Environment and the environment department have declined to comment on potential legal action, while the government has stated the permit pause aims to facilitate a comprehensive review of waste incineration’s role in England’s waste management.
Anti-incineration campaigners have welcomed the review, highlighting the existing moratoriums in Wales and Scotland, but industry insiders suggest the permit pause in England was unexpected.
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