Because of a lack of leadership by this government on this issue, there is a potential additional council tax burden of £1 million to the residents of West London
Cllr Irwin Van Colle, London borough of Brent
The Department for Environment, Food and Rural Affairs (Defra), has revealed that it hopes to achieve its aims on Schedule 2 of the Controlled Waste Regulations 1992 through secondary legislation – rather than the primary legislation it had initially thought. This means it will not require an Act of Parliament, and should therefore be speedier.
The news is expected to be widely welcomed by local authorities who are hopeful that the law will be changed to make sure those who create the waste are responsible for paying for it. Many have raised strong concerns over the impact of the schedule on their budgets since the law was clarified by Defra in 2007 (see letsrecycle.com story).
The comments from Defra come after the chairman of the West London Waste Authority (WLWA), councillor Irwin Van Colle, wrote to Environment Secretary Hilary Benn last month (December 9) calling for “urgent action” to provide clarity over the issue, claiming that primary legislation would take too long.
The West London Waste Authority handles waste disposal on behalf of the six London boroughs of Brent, Ealing, Harrow, Hillingdon, Hounslow and Richmond-upon-Thames.
In his letter, councillor Van Colle urged the minister to immediately make clear that the principle of the polluter pays would form the basis of future legislative changes, publish a timetable for bringing forward the required laws and review those waste streams in Schedule 2 which did not require primary legislation.
He also called for the government to maintain the status quo for 2010/11, to allow councils to remove the cost from their budgets. The WLWA alone has budgeted £1 million, out of a total spend of around £55 million, to cover the cost for 2010/11 – something which it has never had to do in the past.
He said: “Because of a lack of leadership by this government on this issue, there is a potential additional council tax burden of £1 million to the residents of West London, because we have had to budget for something which up to now was not a matter for us to need to budget for.”
“This appears to be no more than a cost shunting between central government and local government budgets, which is completely unreasonable. This matter also impacts other local authorities in London and elsewhere.”
Defra
Responding to Cllr Van Colle's criticism, Defra told letsrecycle.com: “We now consider that we can achieve our aims on Schedule 2 through secondary legislation, which will be a considerably quicker process than originally envisaged, and there will be a full public consultation prior to the introduction of any regulatory changes.”
The Department added that it was also planning to provide more clarity in the short-term.
The Defra spokesperson said: “We are working with other Government departments to produce revised guidance for local authorities and customers on the existing legislation, which will be published shortly.”
Defra has set up a steering group with representatives from national government, local authorities and Schedule 2 customers. It has held four stakeholder workshops around the country to explain why it is carrying out the review, its findings so far and to ask those who will be affected by changes to help it develop options for public consultation.
The guidance, together with a report on the outcome of the workshops, is expected to be published in February 2010, with a full consultation launched later in the year.
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