Minister apologises over role played in row over proposed incinerator in his constituency

Environment Secretary Steve Barclay has apologised to MPs on a select committee about his role in a dispute over a waste incinerator after being accused by his Labour shadow of potentially breaking the law.

Developer MVV applied to build the incinerator at Wisbech in Barclay’s North East Cambridgeshire constituency.

It needed planning consent from the Department for Energy Security and Net Zero and a permit from the Environment Agency, which is part of Barclay’s department.

The project last month received planning consent from energy secretary Claire Countinho but soon after the documents concerned were removed from the Planning Inspectorate’s website without explanation, though they remained on MVV’s website.

These eventually reappeared on the inspectorate’s website and a Department for Energy Security and Net Zero spokesperson said: “Clarification was sought on whether the decision-making process had been properly followed, rather than to overturn any decision. Ultimately, it was agreed that it had, and the relevant documentation was reinstated on the website.”

Barclay had been a public opponent of the incinerator plan and concerns were raised that he had influenced decisions on the application.

Labour shadow environment secretary Steve Reed said after revelations by the BBC: “The government’s own lawyers have warned that Steve Barclay may have broken the law.

“Today is his chance to come clean during his appearance today before the select committee.”

Reed cited a BBC report that Barclay questioned the energy department’s approval of the incinerator and that 10 Downing Street was “was aware of his fury” over the prospect of it being built.

During an appearance before the environment select committee, the Environment Secretary apologised for not "formally recusing myself sooner” and for failing to note his opposition to the scheme on his ministerial register of interests.

The BBC reported he told the committee: “I said the policy needed to be delegated to another minister, recognising the importance of the ministerial code in terms of conflicts of interest and also the perception of any conflicts of interest.

“I wasn't made aware until later that I required a formal recusal. I thought by delegating it, I had acted to, in essence, take myself and step back from it.

But he added he did so “as soon as I was notified" by the permanent secretary in his department.

The BBC said an internal legal note on which the Government consulted First Treasury Counsel Sir James Eadie KC, said Ms Coutinho had “sought to overturn” her junior minister's Lord Callanan’s decision to approve.

This advice warned that her intervention could mean any decision to block the scheme would be judged unlawful by the courts.

The incinerator also needed the EA permit and concerns about Barclay's well-known opposition saw this delegated to junior minister environment Mark Spencer.

According to the BBC, legal advice examined whether there should be an urgent direction to the EA to halt the application for up to a year.

It concluded though this “would be unlawful because the consultation undertaken with the EA was plainly inadequate", and that Barclay's stance was a “powerful exacerbating feature given the perception of bias”.