Fly-tipping and Illegal Dumping

Anthony Mangnall Excerpts

Tuesday 24th May 2022 Westminster Hall

[Anthony Mangnall (Totnes) (Con)]

It is a pleasure to serve under your chairmanship, Sir Mark, and I congratulate my hon. Friend the Member for Meriden (Saqib Bhatti) on raising this issue. From the speeches we have heard, it is clear that whether we are in an urban or a rural setting, we are all facing the same problem: the pernicious crime that is fly-tipping. It happens in my constituency, and it has happened to a greater degree over the pandemic. The statistics are stark; figures from across the country show that over the past two years, fly-tipping has only got worse. In the east midlands, it has got 20% worse; in the east, it has got 29% worse; in London, it is 6.9% worse; in the north-east, it is 26.7% worse; in the north-west, it is 21.8% worse; in the south-east, it is 34% worse; in the south-west, it is 9.2% worse; and in the west midlands, it is 27.9% worse. The only area of the country that has seen an improvement is Yorkshire and the Humber, with a reduction of 1.6%. Surely, there is a lesson we can learn from that.

There has also been a 24% reduction in the number of fixed penalty notices issued for fly-tipping, so we need to seriously address the questions of who is disposing of waste and where they are disposing of it. The people who use such services have some responsibility for ensuring they are disposing of their waste through a safe and responsible organisation; they, too, have a responsibility to make sure that their white goods, mattresses and furniture go where they should. It was interesting to hear Opposition Members talk about the responsibility of local authorities. Of course, some responsibility rests with local authorities to take action, but this also relies on individual businesses behaving responsibly by making sure they put their waste into tips, and on responsible behaviour from people who are getting rid of waste.

One of the biggest problems I have found in my constituency is how we document this crime, because it is incredibly difficult and expensive to so. We can talk about putting up CCTV cameras everywhere, but the reality bites: people in rural areas do not want CCTV cameras all over the place. In order to stamp fly-tipping out, we will have to find a way to bring together councils, individuals and businesses, with a register and hard-level fines to punish people who commit this crime. We will not always be able to rely on documenting it with big-state CCTV.

The fines are the biggest problem. According to the notes I have and the “Panorama” documentary “Rubbish Dump Britain”—my hon. Friend the Member for Peterborough (Paul Bristow) and I referred to it in a debate that we held last year—it costs £1,500 to £2,000 for a council to investigate and prosecute fly-tipping, but the average fine is £170. Clearly, when there is such an imbalance, we will not discourage people from fly-tipping. We have the added problem of what happens if we employ someone to take our waste away and they subcontract the service to someone else, so there has to be a register or a measure in place.

My hon. Friend the Member for Meriden started and finished his speech with the words of “Jerusalem”. We might also add some Shakespeare, and say that

“this sceptred isle…set in the silver sea”

is worth protecting. It is worth ensuring that we can bring to justice those who commit the crime of fly-tipping. We must ensure they are brought before the law and dissuaded by punitive fines. If we can do that, we will see an end to it.

--- Later in debate ---

[Jo Churchill]

Fixed penalty notices are currently set at £400. Local authorities can issue fines of up to £400 to fly-tippers and householders who pass their waste on to those who are not licensed. I will take that point away, because my right hon. Friend is not the first to say that perhaps the fine is not high enough. However, some councils do not even use the powers that they have to fine people up to £400. I really urge people to use everything we have given them.

[Anthony Mangnall]

I am sorry to interrupt the Minister, but just to go back, she was talking about the need for licensing for waste clearers. However, in some instances, it is quite easy to get a licence. It needs to be more rigorous. How do we make sure it is not too easy for someone who commits a crime, or actually fly-tips, to apply and be given a licence?

[Jo Churchill]

It is about building blocks and making sure that we have the proper ability to investigate whether waste carriers and brokers are suitable to hold a waste licence. That is part of what we are trying to do. I commend the MSP, Mr Fraser, for driving this forward among the Scottish Conservatives. It is really important to all our constituents.

I was pleased to see that Aylesbury Crown court recently sentenced a serial fly-tipper, who had dumped rubbish in multiple local authorities, to 21 months in prison and seized his van. That is important, because it shows what many Members present have asked for: a deterrent and a strong, firm approach.

The Government outlined how we intended to strengthen enforcement powers through the passing of the landmark Environment Act 2021. We have fulfilled that commitment. The Act ensures that agencies and authorities can work effectively to combat waste crime through better access to evidence and powers of entry. The Environment Agency was granted access to the national automatic number plate recognition service in 2021, giving it the ability to better trace those using vehicles for illegal waste activities.

As my hon. Friend the Member for Meriden acknowledges, this issue is not something that my Department can tackle on its own. It is not enough for us to provide the tools; the tools must be used. It is also important that we work across Government, which is why I have spoken to Baroness Vere in the Department for Transport about National Highways. I note that my hon. Friend the Member for Wimbledon (Stephen Hammond), who is no longer present, asked for a similar approach with Network Rail. It is about us joining up. My hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory) spoke about her council, which has joined up at multiple levels, including parishes and so on. We can get on top of this problem.

I agree with the hon. Member for Newport West (Ruth Jones) that this is about education. We do fund education through WRAP, Keep Britain Tidy, Recycle Now and others. This year, I have secured funds to drive our education campaign work forward. I will be looking at how we can best target that and what we can do with it. I know many voluntary organisations already do phenomenal work and, although it is not a laughing matter, have tremendous names—the Rubbish Friends, the Wombles, and so on. They are encouraging young people, Scouts groups and many other parts of our community to get involved to clean up the areas that they love. It is really commendable.

I urge the councils of all Members present to feed back to us as much enforcement data as possible. My records show that Solihull Metropolitan Borough Council has not issued any fixed penalty notices or brought forward any prosecutions since 2014-15. In total, 19 local authorities in England reported no action taken in 2021. Councils keep the proceeds of fixed penalty notices, so they can use those to step up enforcement efforts. There is something cyclical here. The hon. Member for Hyndburn (Sara Britcliffe) is no longer present, but neither Rossendale nor Hyndburn has, in fact, issued any FPNs. As I say, it is good to hear about the joint working, but I need councils to work with us so that we can do more.