This Memorandum refers to the Single Use Carrier Bags Bill as introduced in the Northern Ireland Assembly on 8 March 2010 (Bill 8/10)

SINGLE USE CARRIER BAGS BILL

Explanatory and financial memorandum

INTRODUCTION

1. This Explanatory and Financial Memorandum has been prepared on behalf of Mr Daithi McKay (the Member in charge of the Bill) to assist the reader in understanding the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill.

BACKGROUND AND POLICY OBJECTIVES

The Bill will introduce modifications to section 77(4) of, and Schedule 6 to, the Climate Change Act 2008. These will allow regulations (which may be made by the Department of the Environment) to require that charges collected by retail outlets for single use carrier bags should be paid to the Department. The charges for single use carrier bags, when introduced, are expected to encourage people not to use such bags, thereby reducing the amount of damage they cause to the environment. For example, the number of plastic bags in circulation in Northern Ireland is estimated to range between 338 million to 390 million.

CONSULTATION

4. Mr McKay announced his intention to bring forward legislation in a consultation exercise in April 2010, having raised the matter with the Minister of the Environment on a number of occasions.

5. The consultation exercise sought a wide range of views from organisations and stakeholders including the Councils, the Northern Ireland Departments, the General Consumer Council of Northern Ireland and environmental organisations. Around 25 written responses were received, most of which were very supportive of the proposal, although there were differing views on a number of issues including what the proceeds of the levy should go towards and the cost to retailers.

OVERVIEW

6. The Bill has 2 clauses.

COMMENTARY ON CLAUSES

Clause 1: Clause 1 inserts a new paragraph 4A into Part 1 of Schedule 6 to the Climate Change Act 2008 (powers to make regulations about charges for single use carrier bags). The new paragraph provides that the regulations may require the seller of single use carrier bags to pay the gross proceeds or the net proceeds of the charge to the Department of the Environment.

Clause 1 also amends section 77(4) of the Climate Change Act 2008 to require that any regulations made under the new paragraph 4A will be subject to approval in the Assembly through the affirmative resolution procedure.

Clause 2: Short Title

The Single Use Carrier Bags Act (Northern Ireland) 2011.

FINANCIAL EFFECTS OF THE BILL

7. The Bill itself will have no financial implications. The Department of the Environment will address any financial implications when drafting any regulations under the Climate Change Act 2008, as amended by the Bill.

EQUALITY AND HUMAN RIGHTS IMPLICATIONS

There are no equality or human rights issues arising from these proposals.

LEGISLATIVE COMPETENCE

9. The Member in charge of the Bill, Mr Daithi McKay, had made the following statement under Standing Order 30:

“In my opinion the Single Use Plastic Bags Bill would be within the legislative competence of the Northern Ireland Assembly.”