Reducing plastic bag use through retail charge.

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (10/03/2008) regarding:Reducing plastic bag use through retail charge.

Decision Reference: MD-PE-2008-0055
Decision Summary Title	Reducing plastic bag use through a retail charge		Date of Decision Summary:	7 March 2008
Decision Summary Author:	Chris Newton		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title	Reducing plastic bag use through a retail charge		Date of Written Report:	7 March 2008
Written Report Author:	Chris Newton		Written Report : Public or Exempt?	Public
Subject: Reducing plastic bag use through a retail charge
Decision(s): In order to reduce the number of disposable plastic carrier bags used in Jersey, the Minister has decided, in consultation with the two major supermarket operators in Jersey, that: The two operators shall both charge an initial fee of 5 pence per bag for disposable plastic carrier bags, starting on 6th May 2008. At any point in the future thereafter, each operator may increase or decrease this charge, within each operator’s sole discretion. All money raised by each operator through sales of disposable plastic carrier bags shall be gifted by each operator to charities (preferably, local environmental charities) of each operator’s choice. Starting on 6th May 2009 and on or near that date each year thereafter, each operator shall provide the Minister with an annual report that specifies: (1) the total amount (denominated in £) of disposable plastic carrier bag sales for the previous year; (2) the charity or charities that received donation(s) from the operator from the money collected from the sale of disposable plastic carrier bags; (3) the date(s) of any such donation(s); and (4) the amount(s), denominated in £, of such donations.
Reason(s) for Decision: A reduction in the use of plastic carrier bags will contribute to the overall states aims of using resources wisely, reducing waste and protecting biodiversity.
Resource Implications: No manpower or budget implications.
Action required: Director of Environment to liaise with the two major retailers to set up the reporting arrangements and to provide ongoing advice to them about the environmental causes they might choose to support.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Reducing plastic bag use through retail charge.

`PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Reducing plastic bag use through a retail charge

Public

Purpose of the Report

A reduction in the use of plastic carrier bags will contribute to the overall States aims of using resources wisely, reducing waste and protecting biodiversity.

Background

The ubiquitous supermarket carrier bag is a prime example of the unnecessary creation of waste. It is easily substitutable by long-life re-useable bags and evidence from other jurisdictions such as Ireland and France shows that shoppers can quickly accommodate not having free bags provided at the checkout.

Plastic bags contribute a significant percentage of the waste stream going for incineration and it is estimated that waste throughput could be reduced by around 3,000 tonnes per annum if a 70% drop in plastic bag use can be achieved.

Plastic bags are made from oil which is an increasingly scare natural resource and they are also long lived in the environment, creating litter problems in the urban and rural environments and having very severe effects on marine organisms, notably marine turtles which mistake them for their favourite prey of jellyfish.

Discussion

There is considerable consumer awareness of this issue and there have been high profile campaigns to achieve reductions in use, ranging from a tax regime in Ireland to a village community taking voluntary action at Modbury in Devon. Retailers in Jersey are aware of this trend and have expressed a willingness to work with the Minister to find a solution to reduce bag use. A similar situation pertains in Guernsey where the same retailers operate.

At this stage a tax on plastic bags is seen as unnecessary given the apparent willingness of all parties to cooperate with the Minister. Demonstration projects in Northern Ireland have shown that a modest charge at the till can dissuade customers from taking plastic carrier bags (70% reduction achieved) and it is thought that this course of action is the most appropriate for Jersey. An initial charge of 5p per bag is suggested by the Minister, which is consistent with the planned introduction of a charge by Marks and Spencer UK.

To avoid concerns that the supermarkets will profit from this change, it would be necessary for them to agree to donate all the monies raised from plastic bag sales (i.e. sales of flimsy carrier bags at the till) to charitable causes, which should be environmental and local.

It is important for Government to step in at this stage to pull together the various groups and individuals who have been lobbying for change and the retailers who seem willing to act but would like to have some form of direction from Government. It would be sensible to include Guernsey in this discussion.

Conclusion

A reduction in the use of plastic carrier bags is desirable and achievable. After an initial phase of re-adjustment, evidence from other jurisdictions suggests that the inconvenience to shoppers is negligible. A small charge for bags taken at the till should be sufficient to secure a major change in behaviour making tax measures unnecessary.

Recommendation

Meet with the major retailers, bodies that have been lobbying for change and Guernsey political counterparts to secure an arrangement where an initial charge of 5p per bag is introduced by the retailers at the earliest opportunity and where the money raised is gifted to local, predominantly environmental, charitable causes. The retailers should provide an annual report to the Minister setting out the statistics for bag use and the amounts of money received and the causes it has been gifted to.

Written by:	Chris Newton Director of Environment.

Ministerial Decision ref: MD-PE-2008-0055

7 March 2008

L:\Environment Department\10 Director\13 Environmental Taxes\plastic bags MD report.doc