This document is taken from Hansard, the Parliamentary record of all debates in Westminster. The debate was chaired and introduced by Dr Andrew Murrison 

Tessa Munt will move the motion and then the Minister will respond. I remind other Members that they may make a speech only with prior permission from the Member in charge of the debate and the Minister. As is the convention for 30-minute debates, there will not be an opportunity for the Member in charge to wind up.

Tessa Munt  (Wells and Mendip Hills) (LD)

I beg to move,

That this House has considered the matter of recycling end-of-life tyres.

It is a pleasure to serve under your chairmanship, Dr Murrison. The Government have placed the circular economy at the heart of their agenda. The circular economy taskforce has been established and is expected to report back later this year. Adopting a focus on the circular economy means changing the way we think about so-called waste. We need to see things currently perceived as waste as a resource—a resource with an economic value that can be recovered and contribute to the economic growth that this Government so seriously seek. We also need to implement policies designed to maximise the economic value from these resources.

Sarah Dyke  (Glastonbury and Somerton) (LD)

My hon. Friend is introducing a really important debate. A company called Tyre Renewals Ltd operates in Castle Cary in my constituency. Founded back in 1967, it specialises in tyre repairs and the shredding and granulation of used tyres to produce recycled rubber products. That prevents tyres from going into landfill and leaking harmful chemicals and microplastics into the environment, including waterways. Does my hon. Friend agree that urgent Government investment in tyre recycling infrastructure is needed to tackle the environmental hazards posed by worn tyres?

Tessa Munt 

Yes, indeed; I shall come to that shortly.

The previous Government talked a great deal about the circular economy, had their own circular economy strategy and brought forward consultations on a number of measures to close certain loopholes that created an opening for waste crime. Sadly, despite multiple commitments to taking action, not enough was actually implemented. This Minister knows that it is not sufficient to talk about the circular economy; she and her team need to take action to deliver the changes that have been talked about for far too long.

Jim Shannon  (Strangford) (DUP)

I commend the hon. Lady for bringing forward this debate. We in Northern Ireland had a problem with tyres and bonfires—it is in the nature of what happens—but over the last number of years, councils have had a distinct policy to make sure that that does not happen, and it has not happened. Does the hon. Lady agree that local businesses must not simply take the easy option of sending their tyres to be recycled overseas, which seems to end in fires, and that they should be encouraged to send them to recognised recycling groups in the United Kingdom, where there are guarantees that the tyres will be completely recycled and the rubber, fibre and steel will all be reused?

Tessa Munt 

I agree with the hon. Gentleman that that should be the case. We need to tighten up the licensing regulation and how the whole process works, so that we can reduce the amount of damage that is done.

According to global trade data, the UK disposes of approximately 600,000 tonnes of end-of-life tyres each year. About 350,000 tonnes of those are currently shipped to India. Of the remaining 250,000, some are exported to markets such as Turkey and Morocco, where they are used in the manufacture of cement. Some are processed in the UK to create materials to produce asphalt, which has many benefits for road safety and for the environment, and which enhances the circular economy. I will return to UK processing shortly.

The fate of the 350,000 tonnes of tyres exported to India raises serious environmental and public health concerns. India, like other non-OECD countries, does not have the same stringent environmental emissions regulations that we have in the UK. However, most tyres exported to India are shipped as “green list waste” under the waste shipments regulations, which are contained in assimilated EU law.

Batches tend to be sent in the form of baled whole tyres, which creates two risks. First, some tyres exported in that way are then sold for refitting in India, leading to road safety issues. Secondly, when exported as whole tyre bales, most of the tyres are sent on to rudimentary batch pyrolysis sites. In Indian batch pyrolysis, tyres are commonly burned to produce a high-sulphur heavy fuel called tyre pyrolysis oil—which is typically burned, causing direct harm to the environment—and low-grade carbon black, which is often unsuitable for reuse. The process involves enormous amounts of energy and the flaring of syngas directly into the atmosphere, without filtering or scrubbing, in conditions that are hazardous to operator health, the local population and the environment.

The use of imported end-of-life tyres in India—both for refitting vehicles and in batch pyrolysis—is illegal under Indian domestic law, but there is a lack of even the most basic enforcement capacity to uphold the law. The reality of the uses of imported end-of-life tyres in India was the subject of a recent BBC documentary and, as the Minister will be aware, additionally the subject of a recent legal challenge against the Environment Agency and the Department for Environment, Food and Rural Affairs by the campaign group Fighting Dirty. The challenge relates to the failure of the agency and the Department to take action to prevent the illegal use of end-of-life tyres exported to India.

It is important to note that this is not a historical waste crime, but one that is ongoing. Every single day, we ship around 1,000 tonnes of UK waste tyres to India. Investigators from the UK and Australia have used GPS tracking devices in several consignments of waste tyres shipped to India over the last few years, and have consistently evidenced that 100% of the tyres tracked do not reach their intended destination, with the majority being diverted to batch pyrolysis plants. What investigations has the Department undertaken to track consignments of waste tyres shipped abroad? Secondly, what conclusions has the Department reached in relation to digital waste tracking?

There has been growing concern that developed countries, such as the UK, are dumping their waste problems on developing countries and have continued to export their pollution over many years. International conventions such as the Basel convention seek to better manage waste internationally, and there is domestic law to give effect to such undertakings. What is the Minister’s view on a potential producer responsibility scheme for the UK’s end of life tyres?

In response to the legal challenge and the BBC documentary, the Government have announced that the Environment Agency will conduct a review into the issue. Today I seek clarification from the Minister about the scope of that review, and I have four questions at this point. Will the review be limited to an assessment of the enforcement of the existing legal provisions contained in the Basel convention and the waste shipments regulations? Will the review enable the Environment Agency to consider policy improvements? Will the review make policy recommendations to Ministers? How and when does the review intend to engage with the industry and interested parties?

The Environment Act 2021 significantly strengthened the powers available to the Government to manage and track waste exports. Section 62 of the Act added to the provisions of the Environmental Protection Act 1990 by creating further regulatory powers to better manage and track waste exports and the countries they pass through. It also established additional powers of direction for Ministers. As I understand it, those important new powers have yet to be used.

Will the Minister use her new powers under section 62 of the 2021 Act to take action to address the problems with waste tyre exports? Because end-of-life tyres are currently deemed green list waste under assimilated law through the waste shipments regulations, they are not notifiable and, as a result, are difficult to track. Will the Minister confirm that she will amend the waste shipments regulations to remove end-of-life tyres from the green list category and make such exports notifiable?

Under environmental permitting regulations, there are exemptions from the need to have a permit for a number of treatments. The so-called T8 waste exemption, applying to end-of-life tyres, has long been recognised as a problem. Operators can self-certify that they handle numbers below a certain threshold and are therefore eligible for an exemption. Marking your own homework is never a good idea: often those T8-exempt operators are exactly those who trade in baled tyres to India by undercutting our responsible operators who act within the regulated regime with a permit.

The Environment Agency identified the T8 exemption as a problem that made committing waste crime easier as far back as a decade ago. There were then various calls for evidence. Eventually, around three years ago, there was a consultation on removing this exemption, and the last Government confirmed that they would remove it 18 months ago. Then, nothing happened. Can the Minister confirm whether parliamentary counsel has drafted the necessary regulations and that, unlike her predecessors, she will lay the statutory instrument without further delay so that loophole can finally be closed?

As we seek to identify what makes up a circular economy, we might learn lessons from approaches taken elsewhere in the world. Australia offers a powerful case study to demonstrate what can be achieved through simple legislative tweaks to end-of-life tyre exports. Four years ago, recognising the environmental impact of allowing those tyres to be exported to countries such as India for use in rudimentary batch pyrolysis plants, the Australian Government introduced a new condition that waste tyres had to be shredded before they could be exported. That Government also created a new system of notification and licensing for exporters. The Act that created the provisions was the Recycling and Waste Reduction Act 2020, which had some similar objectives to parts of the UK Environment Act 2021. Subsequent regulations giving effect to the changes were the Recycling and Waste Reduction (Export—Waste Tyres) Rules 2021.

First, the new Australian provisions required operators to have a waste export licence to export waste tyres at all. Secondly, they required that tyres could be exported only in a form that had been processed to shreds or crumbs of no more than 150 mm—just under 6 inches. Those could be used in modern pyrolysis to create tyre-derived fuel for uses such as sustainable aviation, or for other purposes, but only under a scheme verified by Tyre Stewardship Australia’s foreign end market verification programme, so the fate of every export was known.

At a stroke, the export of whole tyres, which could previously be used illegally overseas, was ended. When shredded, tyres cannot be refitted illegally to vehicles, nor can they be used in rudimentary batch pyrolysis plants, since those systems require whole tyres as feedstock. In addition to taking responsibility for the country’s waste and removing an environmental hazard from countries such as India, the regulatory changes also created additional feedstock for the domestic recycling industry in Australia. That was a spur to the circular economy, creating confidence for investors to increase capacity in the domestic production of asphalt and to invest in a new generation of modern, continuous-feed pyrolysis plants that can use shredded tyres and have a more positive environmental impact.

Modern continuous-feed pyrolysis plants maintain steady temperatures, and achieve about 250% higher throughput for the same energy input as batch pyrolysis. The syngas is captured and reused to heat the kilns through gas turbines, which removes carbon dioxide emissions. Such plants produce higher grade carbon black, which is pelletised and reused in tyre manufacturing, supporting the circular economy. Finally, the resultant tyre pyrolysis fuel oil is refined, undergoing further processing that would meet stringent UK environmental regulations.

The UK has dormant capacity to shred and process around 150,000 tonnes of end-of-life tyres each year. The reason why the plants are dormant is twofold. First, companies are unable to secure sufficient feedstock for plants because so many tyres are exported to India in baled form. Secondly, tyre collectors receive more money from India than the gate fees paid to companies who could recycle the materials here at home. The UK receives about £13 million in revenue from baled tyres sent abroad. A study by Fluid Ice and Imperial College assessed that if those end-of-life tyres were processed in the UK, even if the resultant products were exported, the revenue would be over £250 million. Several new businesses are seeking to invest in modern continuous-feed pyrolysis plants in the UK but they will do so only if they have confidence in the availability of their UK feedstock. We know that the potential feedstock exists, but it is currently being exported for illegal use abroad.

I have three more questions for the Minister. If we are to adopt the circular economy agenda, should we not support investors who want to recycle end-of-life tyres here? Does she agree that we should take steps to ensure that UK companies have a domestic feedstock to give them confidence? Finally, does she agree that we should take responsibility for our own waste, process it here in the UK and maximise the economic value of that resource? The Australian model for end-of-use tyres seems good and effective, and we could easily replicate its impact and effect with relatively minor changes.

I recognise that I have asked 13 questions, to which I would like answers, and I look forward to hearing the Minister’s views on stopping the export of whole tyres to India, introducing better regulations and licensing, ensuring enforcement, and adopting a model parallel to that of Australia. I have provided her with a list of my questions, and I am happy to have her responses in writing, in the interest of completeness.

The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs Mary Creagh

It is a pleasure to serve under your chairmanship, Dr Murrison. What a joy it is to be back in Westminster Hall to discuss everybody’s favourite subjects: the materials economy, waste crime, and how we are going to tackle waste crime, after a decade and a half of a lot of talk and very little action—as the Elvis Presley song goes. We will have a little more action under this Government. As part of our plan for change, we will clean up Britain, crack down on waste cowboys and close the waste loopholes. I am keen that we all work together on a cross-party basis to achieve that.

Leigh Ingham  (Stafford) (Lab)

Waste cowboys have been a big issue around the villages of my constituency, as I have said previously. I appreciate the Government’s focus on the circular economy, particularly from the Minister, because I know that she is incredibly passionate about this issue. Does she agree that the focus on our circular economy is important not only for the environment, but to tackle the criminality around fly tipping and other areas of waste crime?

Mary Creagh 

Sarah Dyke 

In 2021, Natural England downgraded the Somerset levels and moors Ramsar area and the water quality there to “unfavourable declining”. Somerset Wildlife Trust has attributed the microplastics to worn tyres in the environment. It is obviously a really concerning pollutant. What steps is the Minister taking to make manufacturers take greater responsibility for the contribution that their products make to microplastic pollution on the Somerset levels and moors?

Mary Creagh 

That is a really interesting fact, and not one that I have come across. I will take that away and look at it. As with many of these things, I am responsible for waste and materials and my hon. Friend the Member for Kingston upon Hull West and Haltemprice is the Water Minister, so things often fall between the gaps of segmented policy brief allocations, but we will look into that and get back to her.

I thank the hon. Member for Wells and Mendip Hills (Tessa Munt) for securing this debate and other hon. Members for their thoughtful contributions. This Government want to be good stewards of our country and planet’s resources, our prosperity, and our economic and environmental resilience, so the loss of any of those resources concerns me greatly.

We have seen the damaging impacts that makeshift furnaces abroad have on people’s health and the environment, and the illegal batch pyrolysis of tyres is linked with other criminal activities that cause harm to the environment, people and communities. It is unacceptable that illegal exportation in this country is part of that supply chain.

We take the reports from “File on 4” and others very seriously. The Environment Agency is working with Indian counterparts to ensure that waste, including waste tyres, is recovered and recycled lawfully. That is a joint UK effort, and DEFRA works closely with all four UK regulators to ensure that there is a consistent approach regarding controls on the export of waste across the United Kingdom. Scotland banned the export of whole tyres back in 2018, so there is inconsistency. What has that meant? It means, possibly, that whole tyres in Scotland have come down to England and Wales for export, but who knows? It is hard to say what the flows are doing.

The Environment Agency is conducting an internal review of how it regulates the export of waste tyres. I and my DEFRA colleagues look forward to that review’s findings, and we will carefully consider its outcomes when it has been completed.

Tessa Munt 

Will the Minister give way?

Mary Creagh 

Can I just finish this point? The EA is independent. It is important that we do not prejudice the ongoing review. My understanding from officials is that it will report at the end of June, and I look forward to discussing the outcomes of that review with them. I will ask them to write to the hon. Member for Wells and Mendip Hills with detailed answers to her questions on the scope of the review. And on digital waste tracking, we will launch that from April 2026 and will provide further details on the scope of that in due course.

With tyres, as with other waste, our priority must shift from throwing things away to reusing and recycling more. We will do that by breaking the linear “take, make, throw” model and by seizing the opportunity to become leaders in circular design, technology and industry. We will increase the resilience and productivity of the UK’s economy, create highly skilled new green jobs up and down the country, and help our economy to keep more of the critical resources on which it depends. In doing so, we will fulfil our manifesto commitment to reduce waste and to accelerate to net zero.

We have a Circular Economy Taskforce that includes experts from industry, academia, civil society and beyond to help us to develop a circular economy strategy for England. That is supported by sectoral road maps detailing the interventions that the Government and others will make to drive circular growth and enhance our economic resilience. The Transport Secretary will be responsible for one of those road maps, and the others will concern agrifood, chemicals and plastics, textiles and waste electricals. We have a lot of different sectoral road maps, and I urge the Tyre Recovery Association to feed into that working group.

We have lots of ideas about how to reuse materials for a different purpose and they are all coming to the fore. The problem is that some ideas will win and some will lose, and we are in the stage where we are not quite clear about what is the right thing to do, and there are lots of good counter-arguments.

In the case of tyres, the rubber crumb produced by recycling them has a range of applications. The hon. Member mentioned, for example, that it can be used to produce asphalt, but it can also be used as a surfacing material in children’s playgrounds. The hon. Member for Glastonbury and Somerton (Sarah Dyke) mentioned a responsible and long-standing business that is doing the right thing, but is looking around the landscape, thinking, “Hang on, why are we doing the right thing when the cowboys are undercutting us?” The principle of fairness is important, as is enforcement of the law as it stands—before we make new laws, we should look at enforcing the laws we already have.

We have a competitive market in the UK for waste management services. New people and innovators are always welcome to join the field. There are a lot of management options available to waste handling operators; they need to be selected according to market conditions and local needs. Operators need to look at the waste hierarchy and the need to ensure the best available outcome for the waste. I am very interested in the Australian model and the Australian experience. I know that my officials have been in contact with Australian Government officials.

Sarah Dyke 

The Minister mentioned Tyre Renewals in Castle Cary. I would very much like to welcome her to Glastonbury and Somerton to meet Tyre Renewals so that the company can show her what it does.

Mary Creagh 

I will do a deal: I will come as long as we can go to The Newt, which I understand is the sponsor of this year’s Chelsea Flower Show. I have been reading all about The Newt, so I have been looking up Castle Cary and seeing how easy it would be to get to—my private office will not be very happy with me for saying that.

Tessa Munt 

Will the Minister also meet Henry Hodge, who is part of Black-Ram Recycling and one of the people who informed me about this particular problem with tyres? That is in the constituency just next door, so it is an easy trip.

Mary Creagh 

We can never spend enough time in Wiltshire, Dr Murrison, so we will see what we can do.

On the T8 exemption, we need to ensure that the UK’s house is in good order. The impact that waste criminals have on people’s lives is terrible, but poor performance in the waste industry is also a massive problem. It undermines the many excellent operators and responsible waste businesses in the UK, of whom we should be rightly proud.

We are determined to reform the way that the sector is regulated to mitigate environmental impacts, and we are considering plans. The hon. Member for Wells and Mendip Hills mentioned the review in 2015, and there was a consultation in 2018. I have been pressing my officials as to why, a mere seven years later, nothing has happened. But she will have noticed that I have not followed in my predecessor’s footsteps; inertia is not my middle name. I have been very demanding of officials on this issue and I recognise the importance of removing the T8 exemption for the industry and the wider benefits of doing so. I am happy to tell the House that DEFRA’s intentions in this area, along with our priorities in the waste and recycling space, will be announced very soon.

I will close by thanking the hon. Member for securing this debate—but let me just check that I have answered her questions. I have covered the review, digital waste tracking and the retention of the circular economy. She asked about the Environment Agency review. The EA is looking at its own regulation. As part of that review, it will check its understanding of its powers and legal duties and ask, “Are we doing the right thing?” It will look at how it manages information and intelligence received from third parties. If people have evidence of waste crime, I encourage them to report it anonymously through Crimestoppers—so people do not have to give their name and address and worry about reprisals. That intelligence sharing is really important.

That review might also make recommendations for amendments to the EA’s legal and regulatory powers. The hon. Member can be reassured that I will not sit around twiddling my thumbs when I get that report.

Tessa Munt 

It is really helpful of the Minister to ask people to contact Crimestoppers, but I wonder whether the Department can do more to demonstrate how it is prosecuting people who break the law. Enforcement is incredibly important—

Mary Creagh 

We are not the regulator; it is for the Environment Agency, as the regulator, to do those prosecutions.

Tessa Munt 

We need to tell people when it is doing this stuff.

Mary Creagh 

That is a very good point, but that is not the Department’s responsibility; we have the regulator and it is its job to do the prosecutions. There is a correct separation of power.

We have engaged with the Indian authorities, including the Ministry of Environment, Forest and Climate Change, to help to ensure that this waste is recovered and recycled correctly, because small-batch pyrolysis is also illegal in India. There will be a delegation to meet officials in the autumn to strengthen relationships and discuss this matter further—

Motion lapsed (Standing Order No. 10(6)).