Draft Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018

Caroline Johnson Excerpts

Wednesday 31st January 2018 General Committees

[Dr Drew]

As the proud possessor in my constituency of the Gloucester and Sharpness canal and, hopefully one day, the completed Stroudwater canal, I totally agree.

Let us put some numbers to this, to give some context for why it is important. In 2016-17 local authorities in England dealt with more than 1 million incidents of fly-tipping—I will use that term because no one else has, and because it was referred to as fly-tipping in the 2005 Act—which was a 7% increase on the previous year. Two thirds of incidents of fly-tipping involved household waste, and the total number of incidents increased by 8% from 2015-16.

There is a consistent relationship between where people tip and how much they tip. Clearly, most of that takes place on our highways—some half of all incidents—and again, that is increasing. Sadly, quite a lot is tipped. That is something I will ask the Minister about. I am a little bit confused by what we mean by littering. If I truck up in my four-by-four and chuck four used tyres in the nearest layby, is that littering or is that covered by some other legislation?

That is the nature of what this is. It is not just chance, although clearly people chuck things out of their car windows. A lot of this is people getting rid of things that sadly they would otherwise be charged for. I know a little bit about this because, as you will know, Mr Robertson, in the good old days Stroud did not charge for the disposing of large items, so the good people of Gloucester used to come and dump them in Stroud. We now charge for them, so there is no reason for people to dump them in Stroud anymore. However, it is an issue, because people will dispose of rubbish, and unless they are prevented from doing so, or fined when they are caught, this will grow.

It is estimated that the cost of clearing fly-tipped waste in 2016-17 was £57.7 million, which is not an inconsiderable sum. Local authorities carried out 474,000 enforcement actions, costing about £16 million. That is staggering, because we think it is difficult to follow up fly-tipping, but there is actually a lot more action by local authorities, which cost some £900,000.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

Does the hon. Gentleman agree that the problem is not only expensive and unsightly, but very harmful to our environment and the wildlife that lives along the roadsides?

[Dr Drew]

Of course, that is one of the problems. As my hon. Friend the Member for Hornsey and Wood Green said, rubbish ends up in waterways or being swallowed by animals, and we know the consequences. There is a big financial pressure on local authorities, which is why in the consultation they are asking not necessarily for greater powers, but for the fines to be more conversant with a proper process for dealing with the problem.

--- Later in debate ---

[Dr Drew]

My hon. Friend makes a very fair point. Clearly, local authorities are, in a sense, hit in every which way. They are losing staff, so their eyes and ears are diminishing. It is expensive to pursue such cases. They can fine more, but they still have to go through processes that, as I will say in a minute when I talk specifically about the order, possibly lead to appeal, which would result in even more expense and possibly not getting any money back if they lost.

The Local Government Association largely welcomes this development, and sees it as very important. It estimates that the problem is costing councils £57 million a year—money that is not spent on elderly persons’ services, education, homelessness, and other issues. Councils would always take a zero-tolerance view, but I reiterate that they do not necessarily have the means to pursue it. Litter is also a particular problem on roads, and the highway authorities are at a loss to know how they can deal with this environmental hazard. Councils wish the process for taking people to court, if that is the result, to be expedited—this is a fining process, but people might go to court in a more major case of littering or fly-tipping—because that process is what costs the money.

Keep Britain Tidy also has its threepenny-worth on this issue, while welcoming the measure. To give an idea of the scale, Keep Britain Tidy estimates that 150,000 sacks of litter are collected by contractors each year—that is 411 sacks every day, or 83 bags per mile of Highways England motorway network. We are talking about a scale problem and, at £40 a bag, that is the same as mending a pothole. That also gives us an idea of why we do not mend enough potholes—as you know, Mr Robertson, in Gloucestershire we had some problem with potholes. As we have discussed, we are not talking about a futile exercise of making the place look tidy; this is about damage to wildlife, our water courses and the rest.

To finish on the figures, however, because they are important, it is estimated that 82% of main roads have cigarette litter. We have not mentioned cigarettes yet, but they are a predominant problem. Sixty-seven per cent. of main roads have confectionary or sweet packaging or wrappers on them, 62% have soft drinks litter on them—cans, bottles and cartons—and 50% have fast-food packaging on them. We sometimes wonder why those who sell such things do not pay a price, given that they are at least partly responsible for the litter.

Perhaps the most worrying figure of the lot is that about one in seven drivers readily admits to throwing things out of the car window. That is a lot of people. For heavy goods vehicle drivers, that figure rises to one in five, but we will pass on from that quickly. The problem, dare I say it, tends to be a male one, and people who smoke tend to be more likely to throw things out of the window. That is some background to a scale problem.

The secondary legislation is important, but in future we may have to look at the need to toughen the primary legislation, which is now more than 10 years out of date. This statutory instrument is entirely dependent on the 2005 Act. I have some specifics for the Minister to respond to. I am a little confused about why London is different. Perhaps London is always different, but the draft regulations exclude London, so it would be useful to know what the situation in London is. Is it better because it is different, or are the draft regulations catching up with London?

On the orders being served against people, I am a little confused about the relationship between the police and the local authorities. I understand that local authorities have to follow things up, but if the police catch someone throwing something out or, more particularly, if someone sees a person going to a lay-by, so the police come along and catch the person, what is the relationship between the criminal and civil law? That would be useful to know.

[Dr Johnson]

Is not one of the advantages of the measure, under which the civil burden of proof has to be met when someone throws litter from a vehicle, that people need not throw litter in front of a police car in order to be caught? Dash-cam footage from members of the public could be submitted to the council as proof. That will have a huge deterrent effect, because people never know who is behind them or who will do what with such evidence.

[Dr Drew]

I understand that, and that is important, but what I am intimating is that we are talking about not merely people throwing things out of vehicles casually, but people who are very organised in how they dispose of their litter. It is likely that a farmer would ring the police to say, “Someone is tipping lots of stuff on to my field.” Whether the police get there in time is another matter, but the important thing is that it could involve police action.