Environment Agency: Enforcement Action

Debate between Lord Beamish and George Eustice

Monday 14th May 2018 Commons Chamber

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I congratulate the hon. Member for Washington and Sunderland West (Mrs Hodgson) on finally securing this debate. I know that she has raised the issue on a number of occasions, both on the Floor of the House and through parliamentary questions, and I am sorry it took her so long to get her debate. The Government do not control the scheduling of these debates, so I can assure her that that was not deliberate.

As the hon. Lady says, a well-functioning and regulated waste industry is essential to ensure that we use our resources efficiently and to minimise impacts on our environment and local communities. The Environment Agency, as she knows, is the lead enforcement agency within Government targeting those who do not comply with the regulatory framework or their permitting conditions.

As the hon. Lady pointed out, badly managed facilities can cause suffering to communities through odour, fires, and vermin or fly infestations, as in the case of her constituency. We therefore take this issue seriously, contrary to some of the points she made.

I will move on to the specifics of the hon. Lady’s case in the Sunderland area and particularly to the waste transfer sites that have caused a problem.

[Mr Kevan Jones]

The Minister says that the Environment Agency is the main enforcement body, so why in the last few years has it not investigated the clear breaches we have asked about in parliamentary questions? For example, there have been a number of fires at waste transfer stations, which are clearly designed to avoid landfill tax and are linked to tax fraud. Why have the Environment Agency and HMRC not looked in detail at any of those?

[George Eustice]

I will describe some of the action that the Environment Agency has taken in the north-east on a number of issues, but I want first to say that I do understand the particular issue that the hon. Lady raised. In my constituency, I have a similar issue with a waste processing centre and waste transfer site located quite close to a residential area. There is a difficult tension, because it is on an industrial site, so on one level that area is designated for industrial use. When the planning went through, it was assumed that that would be okay. While my constituency experience means that I am familiar with the tensions these things can cause, I have to say that, in my personal experience as an MP, the Environment Agency has taken very serious action to try to deal with the problem.

I want to address some of the hon. Lady’s points about enforcement. The Environment Agency has taken clear action in the north-east in recent years. From the start of 2013 until the end of March 2018, it secured 126 prosecutions and 41 formal cautions in relation to waste offences. The agency has also made successful use of confiscation orders under the Proceeds of Crime Act 2002. Orders to a value of nearly half a million pounds have been made. Moreover, since the summer of 2012, the agency has closed 372 illegal waste sites in the north-east. This equates to over one illegal waste site per week. It has also investigated 2,226 reports of illegal waste sites, which is over one per day.

There are also number of operations regarding serious and organised crime in the waste sector in the north-east. As Members will understand, I am somewhat limited as to what I can divulge about ongoing investigations, but I will say that these operations target organised criminals who use sophisticated methods to cheat the system and ultimately take money from the taxpayer.

[Mr Kevan Jones]

rose—

[George Eustice]

I am going to carry on if the right hon. Gentleman will allow me.

It is well known that the criminal nature of the groups operating in the waste sector has changed over recent years. Groups are using highly sophisticated techniques to evade the agency. They act violently and threateningly to their legitimate competitors and agency staff, and often use their waste business to mask their involvement in other illegal activities, such firearms or drugs.

The agency therefore works closely with the National Crime Agency to map and detect the extent of serious and organised crime. The agency also undertakes proactive disruption and prevention work. For example, a successful landowner campaign was launched in 2017 in response to the widespread dumping of baled waste in empty buildings. Some 1,300 buildings that were possible targets of waste criminals were identified, and a host of organisations was then contacted.

The EA also works with a range of partners through the Government Agency Intelligence Network. In Teesside, for example, it instigated a local group that includes the police, fire and rescue services, local authorities, HMRC, the Driver and Vehicle Standards Agency, trading standards and UK Border Force. Following on from the positive results of that group, similar area-focused groups are being set up in the north-east.

In the north-east, the agency has a dedicated team of enforcement officers who lead on serious and significant cases of waste crime, and there is a host of resources to draw on for less significant cases. Agency officers use sophisticated surveillance equipment to detect waste crime. For example, officers have recently started wearing body cameras when visiting illegal waste sites.

The Government have ensured that enforcement is adequately resourced. An extra £30 million of funding, which was announced in the Budget in November, has been put into waste crime enforcement. That means that an additional £60 million has been committed to the agency for enforcement since 2014. The additional Budget funding will mean more boots on the ground, with over 80 extra enforcement staff across the country. The funding will aim to reduce the number of illegal waste sites, prevent illegal exports of waste and decrease waste being mis-described.

The hon. Lady made a specific point about additional powers for the Environment Agency. We are working to strengthen the agency’s powers in this area. As part of our continuing to ensure that the agency has the necessary powers and tools to enforce good compliance, we recently introduced regulations to strengthen its powers to tackle problem waste sites. They enable the agency to restrict access to a waste site by locking the gates or barring access, and to require that all waste is removed from a site, not just the illegally deposited waste. That is one example of how we have strengthened the law in this area.

We have conducted a consultation on strengthening the permitting regime. The consultation will tighten up the waste permitting and exemptions regime by raising the bar for people to operate in the sector. It also makes further proposals on fly-tipping. Subject to the outcome of the consultation, which was launched in January and ran for 10 weeks, we will seek to implement the changes later this year. This is an important step to ensure that only fully competent people are able to hold a waste permit. The process will crack down on criminals who choose to operate in the sector while acting under a veil of legitimacy. We strengthened the law on fly-tipping in 2016, introducing on-the-spot fine enforcement notices for people caught fly-tipping. One element of the current consultation is about strengthening that further so that even if we do not catch people in the act of fly-tipping, there will be an opportunity to levy a penalty notice against them when we are able to trace where the waste came from.