Implementing the Mayor’s municipal waste provisions in his LES

1.1 The Mayor, under the GLA Act 1999 is required to publish a municipal waste management strategy. This requirement was superseded by the Localism Act 2011 for the Mayor to produce a London Environment Strategy (published 31 May 2018) setting out provisions for effectively managing London’s municipal waste. Waste authorities in undertaking their waste functions have a duty under s355 of the GLA Act to act in general conformity with the Mayor’s Environment Strategy municipal waste provisions.

1.2 Under cover of a Delegated Authority Record, the Assistant Director of Environment approved the engagement of Praxis Sustainability on an interim arrangement to undertake specific work including leading on engagement with the London Waste and Recycling Board, engaging with the commercial waste sector, and establishing a new engagement framework with London’s waste authorities. The intention is for this work to be brought in house once a new manager of the Waste and Green Economy team has been recruited (autumn 2018).

1.3 On 5 June 2018, five days after the Environment Strategy was published, LB Barnet at its Environment Committee meeting agreed to drop its separate food waste collection service without any consultation with the Mayor or recognition of this decision breaching the Mayor’s waste provisions. This unexpected decision, if implemented in full, would put LB Barnet in breach of London Environment Strategy Proposal 7.2.1.a that sets a minimum level of household recycling service for all waste authorities to provide, including separate food waste collection

1.4 LB Barnet’s unexpected decision has triggered a range of action and the requirement to engage with Barnet more closely, investigate and critique this decision, and provide recommendations for how the Mayor should respond.

1.5 This ADD seeks approval for expenditure of up to £40,000 on the continuation of consultancy services from Praxis Sustainability to undertake this additional work and to continue to lead on engagement with the London Waste and Recycling Board (LWARB), engage with the commercial waste sector, and establish a new engagement framework with London’s waste Authorities. These functions will be brought in house by autumn 2018.

1.6 Officers acknowledge that section 9 of the GLA’s Contracts and Funding Code requires, where the expected value of a contract for services is between £10,000 and £150,000, that such services be procured competitively or called off from an accessible framework. Section 10 provides however, that an exemption from this requirement may be approved where the proposed contractor has had previous involvement in a project or is to continue existing work which cannot be separated from the new project/work.

1.7 Officers propose that Praxis Sustainability are contracted to undertake the additional work as it represents work that cannot be separated from the recent service they have provided. The work undertaken by Praxis Sustainability is intrinsically linked to work already undertaken specifically on engagement with the waste authorities including prior dialogue with LB Barnet on its food waste collection service, and development of a strategy for effective engagement within a tight frame. The work will include an extension of existing activity (engagement with LWARB, waste authorities and the commercial waste sector) and require an assessment of the rationale and evidence for Barnet’s decision, and to prepare evidence and recommendations for the Mayor to consider by August 9. This puts Praxis in a unique position to undertake the additional urgent work needed related to the Barnet decision and the wider extension of existing activity. This ensures a consistent and robust approach is taken in fulfilling the Mayor’s statutory function relating to waste management. Given these circumstances it is deemed that this approach represents value for money, demonstrating an effective use of time and resources instead of procuring different contractors, and reflects that the technical knowledge and expertise required is not available in house. Approval of an exemption from the requirements of section 9 of the GLA’s Contracts and Funding Code is therefore, sought on that basis.

2.1 In support of the waste provisions of the London Environment Strategy the objective of the work is to:

• Undertake specific work included leading on engagement with the London Waste and Recycling Board.

• Lead on engaging with the commercial waste sector in support of achieving the Mayor’s recycling targets.

• Establish a new engagement framework with London’s waste authorities.

• Supporting ongoing engagement with LB Barnet and reviewing and preparing evidence to support the viability and benefits for LB Barnet continuing its food waste collection service.

2.2 The expected outcome is:

• Increased engagement with London’s waste authorities particularly in the development of their new Recycling and Reduction Plans

• Increased engagement with the commercial waste sector in support of achieving the mayor’s recycling target.

• Advice, and a robust evidence base and recommendations to the Mayor on what actions he should take with regard to Barnet

3.1 Under Section 149 of the Equality Act 2010 (the “Equality Act”) the Mayor and the GLA must have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, and to advance equality of opportunity and foster good relations between people who share a protected characteristic and those who do not. Protected characteristics under the Equality Act comprise age, disability, gender re-assignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage or civil partnership status.

3.2 This additional work furthers actions and policies set out in the London Environment Strategy which have both been consulted on publicly and sought input from all groups and communities. All responses to those consultations have been analysed properly to help ensure the final document reflects their diverse views and needs. 85 per cent of the 2095 public responses to two surveys supported the Mayor’s measures to set a consistent level of recycling service including separate food waste service. This overwhelming public response is reflected in the Mayor’s London Environment Strategy Proposal 7.2,1.a setting a minimum level of recycling service including separate food waste, paving the way for every Londoner to have equal access to a good recycling collection service regardless of what borough or household they live in.

3.3 The findings from the proposed additional work by Praxis will further support the evidence base of policies in the Environment Strategy and support the Mayor’s leadership role in helping London to cut waste and boost recycling to reduce the environmental impact of its waste management.

1. Key risks and issues

b) This works links the Mayor’s Environment Strategy, new draft London Plan waste policies and the ambition for London to be a zero waste city by 2050.

5.1 Assistant Director’s approval is sought for expenditure up to £40,000 for the appointment of consultants Praxis Sustainability to lead on the Environment team’s work with LWARB, the commercial waste sector, London’s boroughs and to support the Mayor’s response to LB Barnet’s decision to drop its food waste service. This is in addition to the expenditure approved under a DAR for £10,000 therefore taking the total spend for this consultancy up to £50,000.

5.2 This consultancy cost will be funded from Environment team’s 2018-19 programme budget and is expected to be delivered in 2018-19.

6.1 The foregoing sections of this report indicate that the activity in respect of which approval is sought may be considered to be facilitative of and conducive to the exercise of the GLA’s general powers to undertake such activity as may be considered to promote the improvement of the environment in Greater London and have complied with the Authority’s related statutory duties to:

(a) pay due regard to the principle that there should be equality of opportunity for all people;

(b) consider how the proposals will promote the improvement of health of persons, health inequalities between persons and to contribute towards the achievement of sustainable development in the United Kingdom; and

(c) consult with appropriate bodies.

6.2 In taking the decisions requested, the assistant director must have due regard to the Public Sector Equality Duty; namely the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010, and to advance equality of opportunity and foster good relations between persons who share a relevant protected characteristic (race, disability, gender, age, sexual orientation, religion or belief, pregnancy and maternity and gender reassignment) and persons who do not share it (section 149 of the Equality Act 2010). To this end, the assistant director should have particular regard to section 3 (above) of this report.

6.3 Section 9 of the GLA Contracts and Funding Code (the ‘Code’) requires the GLA to call off the services required from an accessible framework or conduct a competitive procurement exercise for the same. The assistant director may however, approve an exemption from this requirement under section 10 of the Code upon certain specified grounds. One of those grounds is that an exemption may be approved where the proposed contractor has had previous involvement in a specific current project or the work is continuation of existing work that cannot be separated from the new project/work. Officers have indicated at section 1 of this report that this ground applies. The assistant director may therefore, approve the exemption proposed if satisfied with the supporting content of this report.

6.4 Should the approvals sought be granted officers must ensure that appropriate contract documentation is put in place and executed by the GLA and Praxis Sustainability before the commencement of the additional services