Fly-tipping: Penalties — House of Commons, 2020-10-01
Topic: Environment
Rebecca Faye Clark (Pow) (Conservative, Centre-right): I congratulate my hon. Friend the Member for Peterborough (Paul Bristow) on securing this debate and raising this issue. That there is such a good turnout for a Thursday Adjournment debate demonstrates how fired up people are about this issue. My inbox demonstrates that, too; it is one of the top issues I get letters about as a constituency MP and now as the litter Minister I agree with all Members who have contributed to the debate that fly-tipping is unacceptable, and it is worth pointing out at the outset that it is illegal. I want to give assurances that I am committed to tackling what is basically a blight on society in every way, as has been outlined by so many so vociferously in this debate Of course, I sympathise with the victims of fly-tipping, plenty of whom contacted me during the lockdown, among them my own father. I grew up on a farm and he has to go out weekly to tackle incidents of fly-tipping. He recounted one again this very week, when he had to get the low-loader out and drive to a very remote track—I do not know how anybody ever found it—to retrieve another load of stuff that had been dumped there, so I certainly understand the frustrations. We all want to live in a lovely environment, and lockdown has highlighted how much we value our green space and our nature The Government remain absolutely committed to preventing fly-tipping, and I hope that what I am going to say will give some reassurance that measures are in place. Lots of measures have been strengthened, but there are lots more measures coming on track that I believe will help. Indeed, many of them have been mentioned by my hon. Friend, and I will touch on those shortly. Equally, however, I have discovered that, as with most things we touch in government, nothing is as straightforward as it initially appears, and it is not just a simple question of raising fines. It is more complicated than that, as I have discovered, and a lot of levers need to be in place if we really are to get to grips with this—and I really hope we do get to grips with it The role of central Government is very much to support local action, providing the legal framework of rights, responsibilities and powers, setting the national standards, and, where possible, making sure that the costs of dealing with fly-tipping are passed on to those responsible. I thank my hon. Friend for acknowledging that the Government have already acted. Over the past five years, the Government have given new powers to local authorities to tackle fly-tipping and strengthened those already available to them, and those include enhancing powers to search and seize vehicles of suspected fly-tippers and granting the power to issue fixed penalty notices of up to £400 to those guilty of fly-tipping and, as of January 2019 to those householders whose waste is found fly-tipped The levels of fixed penalty notices were set following a call for evidence, and the value of fixed penalty notices for those whose waste is found fly-tipped was confirmed during a consultation in 2018. So a lot of work went into fixing those penalties when they were raised. Fixed penalty notices provide local authorities with an efficient mechanism to hold fly-tippers to account without having to go to court, which can be time-consuming, resource-intensive and expensive Should a local authority take someone accused of fly-tipping to court, the sentences available to the court are severe. Upon conviction in a magistrates court, fly-tipping is punishable by a fine of up to £50,000, 12 months’ imprisonment or both, and the punishments increase to an unlimited fine, up to five years’ imprisonment or both if convicted in a Crown court. Sentences for fly-tipping offences are handed down based on the environmental offences sentences guidance published by the independent Sentencing Council The guidance includes, however, a requirement to consider the offender’s ability to pay. Sometimes we get the criticism that the courts are not setting high enough sanctions or fully using the penalties and fines within their powers, but there is a requirement when deciding on the severity of the sentence that consideration be given to whether the accused can afford to pay the penalty, and that sometimes leads to slightly lower penalties being imposed. In 2018-19, 2,397 prosecutions were brought against fly-tipping offenders, which was an increase on the number for 2017-18. Of those brought to court, 2,052 were issued with a fine, which was an increase of 6% compared with 2017-18. The total value of fines issued by magistrates courts also increased to just over £1 million, which was an increase of 29% compared with 2017-18. So the figures are going up and the measures are starting to work. I know that my hon. Friend the Member for Peterborough will say that is not yet enough, but we are on the right trajectory.