Fly-tipping

Tuesday 26th November 2024 Westminster Hall

11:00

[Tristan Osborne (Chatham and Aylesford) (Lab)]

I beg to move,

That this House has considered Government support for local councils to tackle fly-tipping.

It is a pleasure to serve under your chairmanship, Sir Christopher. We have only 30 minutes for this debate, and I am keen to take as many interventions as possible, so I am looking forward to hearing many contributions from across different sides of this Chamber.

Fly-tipping is a major scourge in the local areas of many constituents, not only in my constituency, but across the country. It is the illegal dumping of waste in public or private spaces, often in areas that are designated for waste disposal. As people will be aware through the news and other online sources, fly-tipping has become a significant environmental issue, with millions of pounds being spent annually on cleaning up waste and countless communities affected by the unsightly and hazardous consequences. This problem not only affects the aesthetics of the environment, but poses serious health and safety risks.

In today’s debate, I hope to explore the nature of fly-tipping, its causes and consequences, and where we need further Government action. There have been regular debates on this topic in Westminster Hall over the last number of years, including recently in September. I acknowledge that all Governments have struggled with this issue and that solutions have been piecemeal, with successes but also concerns. I welcome the announcement this week of respect orders and this Government’s focus on antisocial behaviour; I hope that, alongside those, this Government will focus on and challenge those who persistently fly-tip in the future.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman for bringing this debate forward and for giving me permission to intervene when I asked him before. There is pressure on councils everywhere; is he aware that the tightening of restrictions on general waste, in order to meet recycling targets for councils, has made them more difficult to follow? In some instances, it has led to greater examples of fly-tipping. Does he agree that the Government must support local councils and streamline the process to find and deal with this issue effectively in every postcode throughout the United Kingdom?

[Tristan Osborne]

I absolutely agree with the hon. Member. We are having this debate not only to discuss how we can better support local councils, but to acknowledge some of the successes of local authorities around the country where they have been challenging this issue, and hopefully to share that expertise. I agree that fines need to increase for those caught, and councils need to be given support from central Government to pursue that. One reason I am bringing forward this debate is that farmers and communities in rural areas in in my constituency have seen significant increases in fly-tipping, specifically around the villages of Wouldham, Burham and Capstone. We have had a long legacy of urban fly-tipping, but this is not just an urban blight; it also affects rural areas.

[Alex Ballinger (Halesowen) (Lab)]

I thank my hon. Friend for organising this debate on such an important subject. In my constituency, Foxcote Lane is regularly used by fly-tippers to dump fridges, building waste and all sorts of other detritus. We think that is appalling—absolutely awful—and I welcome the Home Secretary’s move on respect orders to tackle some of those issues. Does my hon. Friend agree that it is right that the people involved in fly-tipping should be asked to clean up their own waste?

[Tristan Osborne]

I agree with my hon. Friend. Around the country, we see community payback initiatives whereby individuals who commit the crime are then sanctioned to go and clear up the mess either in that location or in parks and other green spaces. I think that restorative justice approach is absolutely a solution to this issue. Of course, this problem remains one of the biggest challenges for council enforcement departments, and the causes are multifaceted.

First, there are the economic factors. As the hon. Member for Strangford (Jim Shannon) mentioned, a key reason people engage in such behaviour is the expense of private waste management companies. People try to avoid disposal fees, and fly-tipping is a convenient alternative. Secondly, we have seen a reduction in waste disposal services; in some areas, councils have had to close household waste recycling services and/or introduce charges. Thirdly, there is a lack of enforcement. Enforcement numbers have been reduced in many council areas due to local government budget cuts and the non-statutory nature of enforcement in councils. In my view there is a correlation between the enforcement potential, the reduction of staff and the increase in fly-tipping.

[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

I thank my hon. Friend for bringing this matter to Westminster’s attention. It is something I have already raised on a number of occasions. The frequency of fly-tipping is going up in every location, but in many cases the number of prosecutions is static. In my local authority area, there were nearly 1,000 incidences of fly-tipping last year, but only one prosecution. We have to accept that much of it is carried out by organised criminals, not people trying to dispose of their domestic waste because the tip is closed or it is too difficult to book an appointment. Is it time for the Government to provide more support for local councils so that they can increase their rate of prosecutions and deal with the problem once and for all, rather than leaving residents, farmers and others to clear up the mess?

[Tristan Osborne]

I agree with my hon. Friend. In my local council in Medway there were seven prosecutions in 2022-23, which is extremely high and shows the success in that area, but she is right that it is not the same across the country. Environmental waste carrier licences need to be scrutinised, and where we see illegal activity on a commercial level, the Environment Agency and others need support to engage.

[Leigh Ingham (Stafford) (Lab)]

This issue was brought into sharp focus in my constituency following a high-profile case. A large pile of debris, comprising furniture, rubble and wooden panels, was disgracefully left in place for over a year. Local residents reported the issue. It attracted vermin and posed health risks to nearby children in the schools. I am concerned that fly-tipping statistics, which are already alarming, do not reflect the severity of fly-tipping on private land, which can fall through the cracks despite the best efforts of local authorities. I raised the issue previously and was told that the Minister had concerns that the carrier, broker and dealer regime that the last Government put in place was not fit for purpose. I was glad to hear that the Government are actively thinking of measures to tighten up controls, so I join my hon. Friend in thanking the Government for the action they are taking in this space.

[Tristan Osborne]

I thank my hon. Friend for that contribution. An element that is not mentioned is untidy land in private space, an issue that is very difficult for councils to enforce. Again, that is a non-statutory service. Some councils deal with untidy land in gardens and other private spaces, but many councils do not because of local Government cuts and reductions in funding over the last 14 years.

The statistical basis for fly-tipping is complicated. Different Governments over the last 14 years have measured it in different ways. Between 2010 and 2017 we saw a significant increase, according to BBC statistics, of around 40% in fly-tipping across the country, and that has remained static in recent years. The ways of calculating these things vary, so one question I have for the Minister is whether we should have a standardised, data-driven approach to recording fly-tipping incidences.

[Afzal Khan (Manchester Rusholme) (Lab)]

Fly-tipping in Greater Manchester is on the rise, costing local authorities more than £6 million in 2022. Although the practice is frustrating for my constituents, it is often caused by lack of awareness of the implications of fly-tipping and how to properly dispose of waste. Does my hon. Friend agree that we must improve environmental education and recognise that we all have a responsibility to safely and legally dispose of waste?

[Tristan Osborne]

I thank my hon. Friend for that point. The Labour council in Ilford has very successfully led an enforcement and education campaign, with community hubs and enforcement hubs. Love Medway Hate Litter, in my area, and Love Essex are successful campaigns that challenge litter and fly-tipping, so education is critical. As a former secondary school teacher, I know it is important to get into schools early to raise awareness about the challenges of fly-tipping.

The lack of enforcement is concerning. My hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) mentioned the reduction in court fines issued. Their value fell in 2022-23 to £785,000 in total, which just touches the tip of the iceberg. To be fair, although there are no Conservative Members here for this debate, the previous Government did act, increasing fines from £400 to £1,000 under the antisocial behaviour plan, increasing court fines by £526 and abolishing local authority charges—so they were aware of the issue.

[Jim Dickson (Dartford) (Lab)]

I congratulate my hon. Friend and near neighbour on securing this important debate. Fly-tipping clearly affects all parts of our country, rural and urban, and certainly my residents in Dartford. In the second quarter of 2024, there were 476 fly-tipping incidents—an increase of 21% on the first quarter—including in Leonard Avenue in Swanscombe, which has been the scene of no fewer than 26 incidents in the past 12 months. He talks about fines to be levied, and we recently discovered that Dartford borough council has chosen not to levy the maximum £1,000 fines that have been legally allowed since August 2023, unlike the neighbouring councils of Gravesham and Medway. Will he join me in calling on Dartford borough council to get serious on fly-tipping and impose the maximum possible fines on perpetrators?

[Tristan Osborne]

I agree with my hon. Friend that there is a postcode lottery across the country on how councils are managing this issue. I want to celebrate the example of Medway council, my local authority, which has done outstanding work. We have introduced free bulky waste collection for residential waste, working with our contractor, to reduce the quantity of mattresses and other residential waste left on streets across the town. The Love Medway Hate Litter scheme, which followed the Love Essex programme, has raised awareness among the public. We have increased fines to the top level, and it is important that councils send a message by using Government powers to increase fines. It is right that he challenges his council leader on this matter.

We also work across boroughs. Local authorities are not islands unto themselves, so it is important that Medway works with Gravesham, Swale and other local councils on cross-boundary issues. I note that my hon. Friend the Member for Sittingbourne and Sheppey (Kevin McKenna) is sitting behind me.

We also have a wall of shame in Medway, to publicise people who are conducting this environmental crime by naming and shaming those who are caught and fined. We work very closely with our probation and community payback service to ensure that those who commit the crime clear up their mess. We have increasingly used CCTV technologies in hotspot locations to catch perpetrators. Those schemes in Medway have resulted in successes in challenging fly-tipping but, as my hon. Friend the Member for Dartford (Jim Dickson) said, that is not the same across all Kent areas.

I have a series of questions for the Minister. The new respect orders that the Government are introducing are extremely welcome. I entirely endorse the approach undertaken by the Home Office and others to curb antisocial behaviour, including nuisance biking and other persistent behaviours. Will the respect orders include those who engage in persistent environmental crimes, or will the Minister look at other enforcement approaches?

Courts can give different fines for fly-tipping, depending on the size, but many councils have a standard fine approach. Will that be reviewed to take into account the size and nature of the fly-tip to dissuade people from commercial fly-tipping? Will the Government monitor the number of fixed penalty notices and court enforcements occurring in each council area, because there is a postcode lottery in this country?

[Deirdre Costigan (Ealing Southall) (Lab)]

I very much appreciate the opportunity to have this debate. I completely agree with my hon. Friend about raising fines and reviewing magistrates court decisions in this matter, but does he agree with me that the simplest, easiest and cheapest way to deal with fly-tipping is to take the waste out of the system in the first place, and therefore looking at mandatory take-back schemes, whereby people bring back their goods when they are finished with them and get money back, and at genuinely recyclable products, is the way forward? Therefore, does he welcome the Government’s steps to bring forward the “polluter pays” principle in the extended producer responsibility regulations that are currently being laid, and also the deposit return scheme for glass and plastic bottles, which will help to reduce fly-tips that are in black sacks?

[Tristan Osborne]

I thank my hon. Friend for raising the principle of the circular economy, which I entirely endorse. The linear economy that we have, which relies on waste disposal, should be challenged. I am very encouraged that, finally, the EPR guidelines that the Government are pursuing are being enacted. We should be encouraging councils to recycle, and that needs to be looked at in relation to the variations of postcode lotteries that we get. In one of the two local authorities in my area, recycling is done on a two-weekly basis, and in the other it is done weekly. Education is also needed on what can be placed in the bins as well. The producers need to be responsible for their packaging and making it recyclable, so I agree that there needs to be some work in relation to corporate interests on that.

[Kevin McKenna (Sittingbourne and Sheppey) (Lab)]

Massive congratulations to my hon. Friend and near neighbour on securing this debate. I am very supportive of everything that has been said so far. One thing that I think has not been picked up yet is just how long it takes to investigate these sites. Many of them are organised crime and many are on private land. The investigations are complicated and often cross lots of boundaries, including institutional boundaries. Frankly, it just takes too long to investigate them to the right level to be able to implement a lot of the enforcement actions, so I would be very keen to hear what my hon. Friend and then the Minister have to say about that.

[Tristan Osborne]

Absolutely. Much commercial fly-tipping is associated with organised crime. I know from the outstanding work of Ian Gilmore and his team at Medway council that they are regularly having to challenge those quite complicated cases. They are multifaceted, involving other elements of organised crime as well. I will not talk about specific locations, because sub judice rules apply. However, we know that in Kent specifically, there are a number of sites where some of this is alleged to involve organised efforts at disposal. As well as local authorities, national enforcement agencies need to be engaged on that to target the gangs that are pursuing that commercial agenda.

The Regulation of Investigatory Powers Act 2000 allows councils to use camera technologies, but sometimes there have been restrictions on the use of camera technologies, specifically in areas of hotspots. Can we look at that again, to allow local authorities to use camera technologies in a way associated with challenging this issue?

In relation to public awareness and celebrating the “wall of shame” approach, can the Government use Medway and other councils as a template example of how we can use “wall of shame” approaches to annunciate to the public that we are challenging this issue, and those who commit this crime, robustly? Many councils already announce those whom they are fining for litter dropping and other types of environmental crime, yet there is an inconsistency in relation to fly-tipping.

With regard to waste disposal options, I agree with my hon. Friend the Member for Ealing Southall (Deirdre Costigan) on the idea of the circular economy and providing more recycling options, but I also think we need to support the Environment Agency, which saw budget reductions under the previous Government, and allow it to prosecute more illegal waste carriers. We also need to promote further collaboration among land managers, local authorities, police and the Environment Agency to establish ownership of the issue. Many farmers in my area are struggling, and the National Farmers Union has raised with me the concerns among its members that they do not necessarily know who to go to when fly-tipping occurs. They believe that the local authority approach of simply sending them a web link in relation to a fly-tip is not the best solution and is not giving them a solution, and therefore they are having to seek private sector options.

I thank the Library for providing me with the datasets for today’s debate and I thank all those Members who have contributed. I look forward to the ministerial response.

11:19

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I thank my hon. Friend the Member for Chatham and Aylesford (Tristan Osborne) for tabling this debate, the second on fly-tipping in just three months. How extraordinary it is that not a single Opposition Member has turned up to listen and contribute; that tells us something about the party of the countryside, and the party that is on the side of people who want to do the right thing and keep their areas clean and tidy.

I thank all colleagues for their thoughtful contributions—fly-tipping is a serious crime, and we know it blights local communities. I have been reading about the horrendous case of the front garden on Peach Avenue in the constituency of my hon. Friend the Member for Stafford (Leigh Ingham), and we appreciate the difficulty it poses to all landowners. Local councils reported over a million fly-tipping incidents in 2022-23—that is a significant burden on the UK economy, and was an increase of 10% on the three previous years. During that time, we had covid, where we were not allowed out for several months at a time, so I think we can say it is increasing year on year. What we are here to say is enough is enough. Things have to change. As my hon. Friend the Member for Chatham and Aylesford has said, there have been years of Conservative failure on this, and we have a plague of rubbish on parks, streets, front gardens, farms, rural estates, and industrial estates. I was in the constituency of my hon. Friend the Member for Ilford South (Jas Athwal) yesterday and was sending him texts on the way home because I could see some illegal burning going on as I drove back from the beautiful Hainault forest.

We want to end our throwaway society: stop this avalanche, increase recycling rates, reduce waste, and crack down on waste crime. To the point about the circular economy made by my hon. Friend the Member for Ealing Southall (Deirdre Costigan), yesterday we laid the deposit return scheme regulations in Parliament, and we have a statutory instrument on extended producer responsibility tomorrow. There are colleagues in the room who will participate in that debate to show the three legs of the stool—simpler recycling, EPR, and DRS, all of which are going to drive up our recycling rates, with the intention of getting to 65% by 2035.

I looked back at some news items from 2002, when the last Labour Government was trying to get the recycling rate up to 50% by 2015. That tells you something about the progress that has stalled over the last 14 years, that we are still hovering around a 43% to 44% recycling rate, and actually going backwards in some areas.

We have committed to forcing fly-tippers and vandals to clean up the mess that they have created as part of a crackdown on antisocial behaviour, and I look forward to providing further details on that commitment in due course. I met the Prisons Minister, Lord Timpson, to discuss how we can equip prisoners for their release and rehabilitation through some of the environmental work in this area.

[Karl Turner (Kingston upon Hull East) (Lab)]

One of the initiatives in Hull is “bring out your rubbish” days, which clearly reduce fly-tipping. It is an initiative from Labour councillors, using the ward budgets. Is that something the Minister might consider encouraging other councils to take up across the board?

[Mary Creagh]

I think there is a really interesting philosophical reflection there, because one person’s rubbish is another person’s treasure. I remember leaving a beautiful Italian leather bag outside my house—it had a hole in it, and had come to the end of its life with me—and I thought I would put it on the doorstep and see what happens. Someone knocked on my door and asked if that bag was to go, and I said yes, and she was so pleased. Maybe she was going to take it away and sew it. There was also a tradition when I lived in Belgium of the braderie, where people put their stuff out—got rid of things from their granny’s attic, got rid of different things, like a massive car boot sale, because people like to get a bargain—and I do think there is a role for people to do that. We do not want to stop people putting things out for other people that might be useful, but I encourage people to ask, “Is it going to rain? Is the item going to be destroyed?” It needs to be done in a sensible way. On the council clearing things up, one often finds that other people come along and clear it up before the council even gets there.

Councils have enforcement powers to punish those who harm our communities and to deter other would-be offenders, and I encourage them to make good use of those powers, including their power to prosecute. I pay tribute to the council in the constituency of my hon. Friend the Member for Chatham and Aylesford for their actions. Fly-tipping can lead to a fine, community service or even imprisonment.

Sentencing is a matter for the courts, but the national fly-tipping prevention group, which is chaired by officials from the Department for Environment, Food and Rural Affairs, has produced guidance to support councils to present robust cases to court. I urge colleagues to encourage their councils to join that group, because there is no monopoly on wisdom in this area and it is good to share initiatives such as the wall of shame.

Instead of prosecuting, local authorities can issue fixed penalty notices of up to £1,000 to those who fly-tip or of up to £600 to those who pass their household waste to someone who does not have the proper licence. They also have powers to stop, seize and search the vehicles of those suspected of fly-tipping. They have the powers; whether they have the finances and resources after losing almost two thirds of their budgets after years of cuts to local authorities is a different question. Ahead of the previous fly-tipping debate, I wrote to those councils that reported no enforcement actions in 2022-23, and I will consider what further action is needed to encourage more councils to increase their efforts to bring them all up to the level of the good.

We are under no illusions about the scale of the funding pressures that local authorities face, and I know that many colleagues have served on local councils. We are committed to resetting the relationship between local and central Government, and we will get councils back on their feet by providing multi-year funding settlements, ending the competitive bidding for pots of money and reforming the local audit system.

My hon. Friend the Member for Chatham and Aylesford raised the issue of rural fly-tipping, as did my hon. Friend the Member for Halesowen (Alex Ballinger). Some 80% of farmers have been affected by fly-tipping on their land. We will continue to work with the National Farmers Union and others to promote and disseminate good practice on how to prevent fly-tipping on rural land.

The public have a vital role to play in tackling this, because 60% of fly-tips involve household waste. Householders must check the register of waste carriers to avoid giving their waste to rogue operators who promise quick, cheap waste collection.

[Adam Jogee (Newcastle-under-Lyme) (Lab)]

The Minister will not be surprised to see me in a debate on waste, which I thank my hon. Friend the Member for Chatham and Aylesford (Tristan Osborne) for securing. Will the Minister join me in paying tribute to constituents of mine like Norma in Red Street and Jane in Bradwell for their commitment to safe and clean streets and for their consistent reporting of fly-tips to both me and the council? I assure the Minister of my complete commitment and support for her zero-tolerance approach in tackling fly-tipping and waste crime in our communities.

[Mary Creagh]

It is good to see my hon. Friend. I have been travelling in Azerbaijan where I could not get his texts and phone calls, so I have had a week off, but I am glad to see that he is back, as an almost permanent shadow. I have not had my latest Walleys Quarry update, but I am sure that will come shortly after the debate. I pay tribute to the persistence of his constituents, Jane and Norma; from their Member of Parliament, I see that the Newcastle-under-Lyme persistence is contagious, and I pay tribute to him for everything he has done on behalf of his constituents in this area.

It is important that we educate householders about their duty of care in this area. I am considering reform to the waste carrier, broker and dealer regime to make it easier to identify rogue operators. I have met representatives of the Chartered Institution of Wastes Management to talk about how we can introduce qualifications around licensing. I am keen to do as much as we can in that area.

Whether they live in the countryside, a town or a city, people should walk through their community feeling proud of a clean environment that is free of rubbish and litter. That is why, with councils, communities and local authorities, we will work together with regulators to force offenders to clean up their mess, put a stop to the waste criminals and keep our communities clean.

[Sir Christopher Chope (in the Chair)]

Order. Before we finish this debate, I remind the Minister and Members of paragraph 19.45 of “Erskine May”, in which it says:

“A half-hour adjournment debate is a personal debate between the Member who has secured the debate and the Minister who is to reply…Interventions from the Opposition frontbench are not allowed. Opposition spokespersons may participate, from the backbenches, on matters which do not relate to their portfolio. Equally, because the debate is personal to the Member and the Minister, no reference should be made to the absence of other Members (for example, an Opposition frontbench spokesperson).”

References in this debate to the absence of anybody from the Opposition Front-Bench team were out of order, and I apologise for not having raised that at the time. I think it is important that we remind ourselves of the rules of procedure and the fact that, in half-hour debates, there is no opportunity for Opposition parties to participate.

[Mary Creagh]

Thank you for that clarification, Sir Christopher. I am happy to withdraw my remarks. We are all learning in our new jobs, and we are grateful to you for your wisdom, advice and guidance on these areas.

[Sir Christopher Chope (in the Chair)]

I thank the Minister for that courtesy.

Motion lapsed (Standing Order No. 10(6)).

11:30

Sitting suspended.