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Legal threat to Darling’s carrier bag plan

Legal threat to Darling’s carrier bag plan

The plastic packaging industry is threatening a legal challenge if the government goes through with mandatory requirements for retailers to reduce the use of carrier bags, writes Emily Ross.

Responding to yesterday's Budget statement seeking a 90% reduction in bag use (see letsrecycle.com story), the Packaging and Films Association (PAFA) chief executive David Tyson said: “This is an outrageous diversionary tactic and we are prepared to mount a challenge through the highest courts in Europe.”

If not made into plastic bags, the films industry argues oil by-products would be flared off
If not made into plastic bags, the films industry argues oil by-products would be flared off
PAFA also accused the government of taking a U-turn on the issue and using the tax as a smokescreen to divert attention from the wider environmental issues and as a means of gaining popularity in the short-term.

Others have also commented on the sudden interest of senior government figures in targeting plastic bags for action.

Liberal Democrat Shadow Environment Secretary, Steve Webb, said: “This Budget is a greenwash. Taxing plastic bags is all very well, but it pales into insignificance compared with massive airport expansion and the proposed new fleet of coal-fired power stations.”

And, legal experts have pointed to the potential difficulties in enforcing any mandatory action on retail carrier bags.

PAFA

Mr Tyson, whose organisation represents around 80% of the flexible packaging industry, conceded that his Association is often accused of having a vested interest in the carrier bag debate. But, he insisted that its fight has always been “scientifically-based and endorsed by government bodies such as WRAP and Defra”.

Its arguments include the increase in sales of bin liners in Ireland after the introduction of its plastic bag tax – imports of plastic bags into the Republic went up from 29,846 tonnes in 2001 to 31,649 tonnes in 2006 according to customs data.

The Association also claims that plastic bags themselves are effectively a form of waste re-use, since they are made from oil-refining by-products “which would otherwise be flared off”.

A ban would be difficult to enforce, who would do it – councils, the police?

 
Michael Grimes, Eversheds

Commenting on the government's “U-turn” towards forcing a clamp-down on bags, Mr Tyson said: “We should be in no doubt this is an act of spin and political opportunism for which there is evidence that environmental damage may well increase, rather than reduce. I appeal to consumers, industry and scientists to write to their MPs and make them aware in no uncertain terms they are not fooled by this attempt to pull the wool over everybody's eyes.”

Councils

Local authorities are supportive of the Treasury's attack on shopping bags, but following the Budget announcement, still suggested the government was being too cautious in not supporting a ban on free disposable shopping bags.

London Councils – the umbrella body for London boroughs – said it was pleased to see that the government “has finally heeded calls of communities from across the UK to act on the environmental blight of throwaway shopping bags”.

But, it called on the government to back its London Local Authorities (Shopping Bags) Bill, now awaiting a second reading in Parliament, which is seeking to ban single-use disposable shopping bags in the capital (see letsrecycle.com story).

London Councils chairman Cllr Merrick Cockell said: “If Mr Darling is serious about tackling this issue, then I suggest that the government picks up our Bill and rolls it out nationally. Or, if they are feeling more cautious, why not fast-track it through the House and allow London to act as a pilot for the rest of the UK? The tools are at their disposal – we are now calling on them to have the courage to act.”

Enforcement

Meanwhile, legal experts have said the government could find it difficult to go through with its ambitions to establish legislation to force retailers failing to cut down on bag use to take action.

Michael Grimes, head of waste at international law firm Eversheds, said the practicalities of any legislation had not been thought out.

Mr Grimes said: “A ban would be difficult to enforce, who would do it – councils, the police? Certain bags may be classified as part of the packaging in which goods are sold. How could a ban or a price be enforced? This is a big issue.”

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