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Waste (Amendment) (Northern Ireland) Order 2007

rose to move, That the Grand Committee do report to the House that it has considered the Waste (Amendment) (Northern Ireland) Order 2007. The noble Baroness said: The draft Waste (Amendment) (Northern Ireland) Order introduces provisions broadly in line with those already in force in England and Wales by the enactment of the Clean Neighbourhoods and Environment Act 2005. The order aims to provide stronger enforcement powers and stiffer penalties to deter unlawful waste activity. I hope that it will be helpful to the Committee if I comment briefly on the background to the order. I shall then say a few words about the detailed proposals. There is clear evidence that organised criminal gangs are involved in the illegal cross-border transport and illegal management of waste. Such activity generates large profits for those involved. It also causes substantial environmental damage, leads to high clean up costs and the loss of significant revenues for the Exchequer, and has an impact on the competitive status of legitimate waste businesses. It is small wonder then that the Organised Crime Task Force annual report of 2006 identified such activity as a continuing threat for Northern Ireland. How will this order help combat the problems posed by illegal waste activity? Perhaps it will be helpful if I highlight four main provisions. The first provision is a general power for authorised officers of the Department of the Environment in Northern Ireland to stop a vehicle on a public road. In other parts of the UK, this power is available only to uniformed constables. However, the unique problems faced by Northern Ireland justify such a provision. Vehicles are the key tool of illegal waste operators, and it is essential that the regulatory authorities in Northern Ireland have clear and effective powers to target those vehicles. Once a vehicle has been stopped, the enforcement authorities need to establish whether it is involved in illegal waste activity. Secondly, therefore, the order also contains powers for the search and seizure of vehicles where such activity is suspected. These powers will be available to police officers and officials. Thirdly, the order increases the penalties for offences involving the illegal treatment, keeping or dumping of waste. These provisions send out the clear message that illegal waste activity is viewed as a serious environmental crime, and will be punished accordingly. Finally, the order gives new powers to the courts which are designed to ensure that penalties are proportionate to the crime that has been committed; in other words, that the punishment adequately reflects the crime. Courts will have powers to order the confiscation of vehicles, plant and machinery, and to require offenders to pay investigation, enforcement and clean-up costs. In addition, when determining the level of penalty that should be imposed, courts can have regard to any financial benefit that an offender has accrued. These provisions give practical effect to the ““polluter pays”” principle. I have tried to summarise the key elements of the order. There are of course other, more detailed, provisions, and I shall willingly answer any questions on them. In itself, the order will not provide a sufficient deterrent to illegal waste activity. Further subordinate legislation will be required in due course. However, this is a foundation on which an effective enforcement framework can be built. I have already referred to the scale of illegal waste activity in Northern Ireland, a problem that must be addressed. The enforcement authorities face a significant challenge, but this order gives them some of the powers that they need to respond effectively. The increased penalties will act as a more effective deterrent. The order will bring Northern Ireland into line with England and Wales, while including other provisions which reflect the particular needs and circumstances of Northern Ireland. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Waste (Amendment) (Northern Ireland) Order 2007.—(Baroness Farrington of Ribbleton.)