Banning the sale of single-use carrier bags: Law drafting instructions

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A decision made on 27 July 2020

Decision Reference: MD-T-2020-0038
Decision Summary Title:	Law drafting instruction: single use bag ban and minimum price for plastic carrier bags (‘bags for life’)		Date of Decision Summary:	22 July 2020
Decision Summary Author:	Lead Officer, Growth, Housing and Environment		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title:	Law drafting request: single use bag ban and minimum price for plastic carrier bags (‘bags for life’)		Date of Written Report:	22 July 2020
Written Report Author:	Lead Officer, Growth, Housing and Environment		Written Report : Public or Exempt?	Public
Subject: Instruct law drafting to bring forward the ban of the supply and distribution of certain types of single use bags by all retailers and set a minimum price for the sale of plastic carrier bags known as ‘bags for life’.
Decision(s): The Minister approved the request for law drafting instructions to commence relating to the ban of certain types of single use bags and setting a minimum price for plastic carrier bags (‘bags for life’).
Reason(s) for Decision: To support the decision made by the States Assembly in June 2020 to bring forward draft legislation by February 2021 in regard to the ban of certain types of single use bags and setting a minimum price for plastic carrier bags (‘bags for life’).
Resource Implications: Legislative drafting, Growth, Housing and Environment and Strategic Policy, Planning and Performance officer time.
Action required: Officer to instruct the Principal Legislative Drafter to prepare the legislation necessary to give effect to the ban of certain types of single use bags and set a minimum price for plastic carrier bags (‘bags for life’).
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Banning the sale of single-use carrier bags

GROWTH, HOUSING AND ENVIRONMENT

LAW DRAFTING REQUEST: SINGLE USE BAG BAN AND MINIMUM PRICE

FOR PLASTIC CARRIER BAGS (‘BAGS FOR LIFE’)

1.0 Purpose of the Report

The purpose of this report is to support the Ministerial Decision approving the request for legislation to be drafted to support the ban of the supply and distribution of certain types of single use bags by all retailers and setting a minimum price for the sale of plastic carrier bags known as ‘bags for life’.

2.0 Background

On 16 June 2020 the States Assembly supported all 4 parts (part D was withdrawn but is included below in strikethrough font for reference) of P.64/2020 lodged by Deputy Inna Gardiner:

THE STATES are asked to decide whether they are of opinion −

(a) that the supply and distribution of plastic bags (as defined in section 3.1 of the Appendix to the accompanying report) by all retailers to consumers at the point of sale of goods or products in Jersey should be prohibited, subject to the exemptions specified in section 3.2 of the Appendix to the accompanying report;

(b) that the supply and distribution of paper carrier bags (as defined in section 3.1 of the Appendix to the accompanying report) by all retailers to consumers at the point of sale of goods or products in Jersey should be prohibited, subject to the exemptions specified in section 3.2 of the Appendix to the accompanying report;

(c) that a minimum price should be set for the sale of ‘bags for life’ (as defined in section 3.2 of the Appendix to the accompanying report) by the Minister for the Environment, following a consultation with stakeholders;

(d) that the effect of Ministerial Decision MD-PE-2008-0055 should be replaced with legislation to ensure that all retailers are required to gift any profits raised through sales of plastic carrier bags to local environmental charities, with such legislation to include effective monitoring and enforcement tools, and that the implementation of such legislation should be accompanied by an education and engagement programme; and

(e) that the Council of Ministers should bring forward draft legislation by February 2021 to give effect to this proposition, including provision for an implementation period of up to 6 months before the prohibition and minimum price come into force.

The next step to move forward the decisions made by the States Assembly is to draft legislation that gives effect to the ban of certain types of single use bags and sets a minimum price for plastic carrier bags (‘bags for life’).

The need for industry consultation is acknowledged and this will run in parallel to the legislative work as outlined below.

3.0 Discussion

The aim of the Proposition was to introduce legislation that helps to reduce waste and increase reuse by focusing on single use bags.

Deputy Gardiner, who lodged Proposition P.64/2020 believed that the ban would encourage a ‘bring your own bag’ culture and help to change behaviour away from single use consumption and disposal.

This supports Jersey on its path to being a more sustainable place to live and work and provides a tangible action that demonstrates both the political commitment made in the Carbon Neutral Strategy and engages the island community with the principle that, to be successful in addressing the climate emergency, everyone will have to play their part.

Deputy Gardiner worked closely with Growth, Housing and Environment so a technical report could be provided along with the Proposition. This resulted in a comprehensive list of the bags included and exempt from the ban being included with the Proposition report for States Assembly review and an extract from the report is included below for ease of reference:

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As the bags that are included and exempt from the ban are already defined and this has been supported by the States Assembly, the legislative work on the ban can start immediately.

The information that is currently outstanding but required to complete the law drafting relates to the minimum price that will be set for retailers wishing to sell plastic carrier bags, known as ‘bags for life’. This information will be collated following consultation with the retail industry and, following approval of the Ministerial Decision to start legislative drafting, the consultation will be scheduled to commence.

The consultation will also engage the retail industry with aspects of monitoring and enforcement, preferred communication methods and potential extensions of the legislation in the future, for example to include other single use items where sustainable alternatives are available.

A timetable will be agreed with the Principal Legislative Drafter so that the information from the consultation is delivered in a planned way.

P.64/2020 requests that draft legislation is brought before the States Assembly by February 2021. This is a challenging timescale but discussions with the Principal Legislative Drafter indicate this is achievable if the law drafting request is lodged without delay.

4.0 Conclusion

Law drafting instructions must be drawn up to move forward the decision made by the States Assembly in June 2020 in regard to the ban of certain types of single use bags and setting a minimum price for plastic carrier bags (‘bags for life’).

Law drafting instructions are required as soon as possible to achieve the timescale of bringing the draft legislation before the States Assembly by February 2021.

5.0 Recommendation

The recommendation from this report is for a Ministerial Decision to be signed that approves the request for law drafting instructions to commence relating to the ban of certain types of single use bags and setting a minimum price for plastic carrier bags (‘bags for life’).

6.0 Resource implications

This work will require legislative drafting and officer time from Growth, Housing and Environment and Strategic Policy, Planning and Performance. The Officer time has been planned into the two department work schedules and no resource concerns are raised.

7.0 Action required

A Ministerial Decision is required that approves the request for law drafting instructions to commence relating to the ban of certain types of single use bags and setting a minimum price for plastic carrier bags (‘bags for life’).

Written by:	Lead Officer, GHE

Approved by:	Group Director of Operations and Transport

Endorsed by:	Head of Sustainability and Foresight