Fly-tipping in Rural Areas

Chris Davies Excerpts

Tuesday 21st November 2017 Commons Chamber

[Anne Marie Morris]

The hon. Gentleman is absolutely right. There is a real challenge to incentivise people in this regard, and we need to use carrots rather than sticks to ensure that they dispose of their waste carefully and responsibly.

Clearly, we should recognise the environmental damage that waste causes. It is absolutely right that we as a country have taken on board the European waste framework directive, which led to our Environmental Protection Act 1990. The legislation rightly dictated that we should reduce landfill and increase recycling, but there is a cost to that. The challenge is to determine who should bear that cost.

[Chris Davies (Brecon and Radnorshire) (Con)]

I thank my hon. Friend for bringing forward this important Adjournment debate. Sadly, my beautiful constituency was blighted when the local authority decided, for cost-cutting reasons, to close the local tip for four days each week. That resulted in a much greater cost to the local authority, through having to clean up the area afterwards. We are hoping that the national Government will take this issue further, but the local authorities also have a great role to play.

[Anne Marie Morris]

My hon. Friend makes a sound point. I am sad to hear that this is happening not just in my constituency, but I am not surprised. He is right to say that shutting the tip has placed a much greater burden of cost on the local authority than simply keeping it open.

The overall responsibility for these matters lies with the Environment Agency. The question of who has to take action to clear up the mess and sort out the licensing is split between the Environment Agency, the local authority and, in regard to removing rubbish, private landowners.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I congratulate my hon. Friend the Member for Newton Abbot (Anne Marie Morris) on securing this debate. She has covered a wide range of issues. She has left me less than 10 minutes in which to reply, but I assure her that my Department takes the issue seriously

Fly-tipping is a serious, antisocial crime, whether it happens in rural or urban areas. It blights our countryside, poses serious risks to our natural environment and to the human health of local communities, and affects the livelihoods of rural businesses. Perhaps in contrast to the casual litter louts I deplore, fly-tipping is premeditated and unacceptable, so tackling fly-tipping and all elements of waste crime is a priority for this Government.

The number of fly-tipping incidents dealt with by local authorities has increased to more than 1 million a year, with a 7% increase on last year, and it costs local authorities in England more than £57 million to clear. Indeed, Teignbridge District Council, part of which covers my hon. Friend’s constituency, has seen a 5% increase. The number of incidents of large scale fly-tipping dealt with last year by the Environment Agency also increased to more than 200.

That does not necessarily mean fly-tipping has increased by that margin, because the introduction of new technology and extended staff training has led to higher levels of reporting. Again, I am clear that any fly-tipping in this country is completely unacceptable, and it is important that we stamp it out.

The Government take all crime seriously, and crime in rural areas is no exception. The National Police Chiefs Council rural crime lead, the chief constable of North Yorkshire, is drawing up a strategy with stakeholders to ensure that police forces engage fully with their operational priorities. My officials are engaged with the chief constable’s team on fly-tipping, and indeed one of that team was at the national fly-tipping prevention group meeting up in Wigan today, talking with stakeholders and officials about how fly-tipping in rural areas can be tackled.

The connection between charging at household waste recycling centres—HWRCs—and charging for bulky waste collection, with the increase in household waste being fly-tipped, is one that I, and other Members, hear frequently. I am also aware that my hon. Friend is concerned about changes to opening times at HWRCs causing the increase in fly-tipping. Although I recognise the anecdotal reports suggesting the connection and fully understand them, the evidence that has been gathered thus far is inconclusive. I am keen that this is explored further and my officials are working with WRAP—the Waste and Resources Action Programme—to better understand the connection between changes at household waste recycling centres and fly-tipping of waste.

As my hon. Friend will recognise, it is for local authorities to determine what is practical and affordable in their areas, but it is also important that where changes are proposed, they are proportionate, transparent and made in consultation with local residents, taking into account local circumstances and the needs of local people. I can assure her that WRAP is reviewing its existing guidance on HWRCs by the end of this year to ensure it reflects changes made in the law and to give further guidance on what can be charged for by way of non-household wastes.

[Chris Davies]

Will the Minister give way?

[Dr Coffey]

I am sorry but I have many points to get through and my hon. Friend will recognise that we are dealing with a devolved responsibility. If I have time at the end of the debate, I will take his intervention.

We are clear that everybody, whether they are a householder or a business, is responsible for disposing of the waste they produce correctly and not passing it on to somebody irresponsible. As more than two thirds of all fly-tipped incidents involve fly-tipped waste, all householders have a role to play. That is why we are actively considering what measures could help with these matters. We did strengthen the Sentencing Council’s guideline for environmental offences in 2014. Since then, the level of fines for organisations found guilty of fly-tipping has risen, but fines for individuals have not seen the same increase. I want to ensure that the level of sentence matches the seriousness of the incident and is an appropriate deterrent to stop fly-tipping, as my hon. Friends the Members for Newton Abbot and for Tiverton and Honiton (Neil Parish) said. As I mentioned in the House recently, I am raising this matter with colleagues at the Ministry of Justice and we intend to work with the judiciary so that sentencing levels act as an appropriate deterrent.

I am pleased to say that the Environment Agency has worked in partnership with several local authorities in south Devon to prosecute individuals fly-tipping indiscriminately across the area. Earlier in the year, the Environment Agency and local authorities successfully prosecuted a serial fly-tipper. The perpetrator received 20 months in prison, and was fined £7,000 for this illegal activity. The vehicle used for fly-tipping was also seized and crushed. By the end of spring 2018, the Environment Agency and local authorities expect to prosecute a further nine large-scale fly-tippers across south Devon, and there have been a number of smaller prosecutions by local councils.

Local authorities are responsible for enforcing against most fly-tipping, although larger-scale and more serious fly-tipping incidents are investigated by the Environment Agency. It is the role of my Department to make sure local authorities have a full range of powers and tools to enable them to tackle fly-tipping, but it is the responsibility of local councils to use all the powers and tools available to them. Last year we gave councils in England the power to issue fixed penalty notices for small-scale fly-tipping. More than 56,000 such notices were issued against fly-tippers last year, and more than half of all local authorities have implemented the new fixed penalty notices since they were introduced in May 2016.[Official Report, 7 December 2017, Vol. 632, c. 6MC.] I would again encourage all local authorities to implement them, in order to have a more proportionate and efficient alternative to prosecutions. We also recently enhanced the powers for local authorities and the Environment Agency to search and seize the vehicles of suspected fly-tippers. The number of such vehicles that authorities have seized has increased by 38% since the powers were introduced.

My Department chairs the national fly-tipping prevention group, which met today at Keep Britain Tidy’s headquarters in Wigan, and one of the items on the agenda was fly-tipping on rural land. The group brings together a range of organisations across central and local government, the police, the waste industry and major landowners, such as the Country Land and Business Association and the National Farmers Union, to tackle fly-tipping across England. In this forum they share experiences and best practice. It publishes case studies and guidance on its website, which have been pulled together by group members and shared with a wide audience across the country. It is our intention to continue to use best practice to crack down on this.

We want to enhance local-level partnership working and strong collaboration between local authorities and other agencies, such as the Environment Agency and the police, and involve local landowners and communities. This is essential to the tackling of fly-tipping. The value of those organisations working together is far greater than the sum of their parts. I will take away and follow up with the Department for Transport the point about evidence and the issue of the DVLA sharing data. It is absolutely key that we do that. We have seen some really good examples of partnership working. In Hertfordshire, the police and crime commissioner has enabled the county council to set up an effective group that is starting to see results. We continue to work through the national group to share best practice.

I am particularly aware of the difficulty that fly-tipping poses to the farming community. As I have said, any type of fly-tipping is unacceptable, and it is absolutely key to prosecute fly-tippers and recover the clearance costs where possible. We also need to make sure that councils provide advice and guidance on measures that can be taken to prevent further fly-tipping. We are working with the NFU and the CLA to increase the reporting of fly-tipping on farmland. That will help local councils to better target their enforcement efforts.

I welcome the CLA’s five-point action plan to tackle fly-tipping. My Department is already taking forward most of the CLA’s points. As I have already mentioned, we are reviewing sentencing, promoting partnership-working and considering a potential penalty notice for householders whose waste is fly-tipped. The NFU’s recent rural crime report, which covered the prevention of fly-tipping, was a welcome addition to the work in this policy area.

The increase in fly-tipping incidents shows that we cannot be complacent about fly-tipping and that we still need to do more to tackle it. The drivers of fly-tipping are varied, and we need tackle it on a number of fronts. As part of the resources and waste strategy, we will develop a strategic approach to further tackle fly-tipping and all elements of waste crime. As part of that, we will review the waste carriers, brokers and dealers regime to do more to try to ensure that those who are part of that trade fully understand their duties and responsibilities and do not fly-tip waste while acting under the veil of legitimacy. We will explore how extended producer responsibility might help to decrease fly-tipping, and we are absolutely clear that we want to enforce appropriately the regulations on waste electrical and electronic equipment.

As I said, we are working with various organisations to tackle fly-tipping. I attended the waste crime industry roundtable earlier this year, and we will continue that engagement. This has been an important debate and I am happy to meet hon. Friends to discuss this matter. I assure them that the increase in incidents to more than 1 million a year is a clear indication that we need to do more, and we will, so that our beautiful countryside can be enjoyed by future generations.

Question put and agreed to.