Fly-tipping and Illegal Dumping

Gavin Williamson Excerpts

Tuesday 24th May 2022 Westminster Hall

[Sir Gavin Williamson (South Staffordshire) (Con)]

It is a pleasure to serve under your chairmanship, Sir Mark. I congratulate my hon. Friend the Member for Meriden (Saqib Bhatti) on securing this debate.

We have heard already about the impact of fly-tipping right across the country. We have heard how it blights communities and disrupts people’s lives. In South Staffordshire, sadly, we often have to deal with industrial-scale fly-tipping—not just a mattress, sofa or small items of building products, but large truckloads abandoned in woods and on the roadside. That has an enormously high cost, be that for the landowner or the local authority. Even more importantly, it blights the local community in such a dreadful way.

We know that the cost of disposal is high. For an individual or an authority that has to dispose of fly-tipped goods, the average cost is £800. The Minister will probably talk about the large fines that can be levied on fly-tippers—she will probably mention that a fine of up to £50,000 can be levied. If she does, I hope she also mentions how many individuals have been charged that top fine of £50,000. I know that in the past it has been exceptionally rare, so I hope she will cover that.

A few years ago, the Government made an important move by giving local authorities the ability to levy on-the-spot fines. That had an initial impact, but it does not go far enough. The largest fine they can levy is £500. As has already been touched on by my hon. Friend the Member for Totnes (Anthony Mangnall), the cost of actually bringing a prosecution averages between £1,500 and £2,000. The investment that needs to be made by local authorities to catch these criminals can often be substantial.

I would like to make a suggestion to my hon. Friend the Minister. As she will be aware, the Queen’s Speech included the Levelling-up and Regeneration Bill. What better way to level up and improve communities than by having that Bill address fly-tipping? I suggest to the Minister—she could go back to the Department and claim that this is all her own work—that the limit for on-the-spot fines levied by local authorities should be increased dramatically to £5,000. People who dump rubbish would then feel the pain for causing disturbance, nuisance and vandalism to our countryside.

Will the Minister also consider amending legislation so as to enable local authorities to make better use of closed-circuit television in a concealed environment? So often, fly-tipping occurs regularly in spots across the countryside because they are conveniently located close to main arterial roads. Changing the legislation to enable local authorities to make better use of concealed CCTV would have an enormous impact by increasing the number of fly-tippers they could catch. It would allow local authorities to keep those fines, creating the incentive to go after the fly-tippers.

--- Later in debate ---

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

It is a pleasure to serve under your chairmanship, Sir Mark. I congratulate my hon. Friend the Member for Meriden (Saqib Bhatti) and all right hon. and hon. Members who have come to this Chamber to tell us forcefully that we need to keep our foot to the floor on fly-tipping. It blights all our communities across the country, from Wales to the east of England and from Scotland to Cornwall, but we have heard glimmers of where working together can start to deliver change.

I hope to go over some of the things that my hon. Friend raised and to outline a little more how we are driving forward in some of these areas. As many Members touched upon, and as the head of the Environment Agency said, waste crime is the new narcotics. There is a lot of money in it, and it drives antisocial behaviour. While I am here, I congratulate the hon. Member for Birmingham, Erdington (Mrs Hamilton) on her powerful contribution, and her council on being one that really does drive forward those enforcement measures and ensure that people receive the full force of what we are able to do, in telling them that it is not good enough to litter communities and to fly-tip.

The Government have been taking significant action and are committed to stamping out fly-tipping. I share everyone else’s abhorrence of it. It blights communities and the environment. It is extremely impactful on animals and, as we have heard, on human health on occasion. As my hon. Friends the Members for Sevenoaks (Laura Trott) and for Moray (Douglas Ross) said, some of the things that are dumped are completely unacceptable.

Fly-tipping has been debated in the House in previous years. Since then, we have made significant progress and we have given local authorities and regulators new tools to tackle the menace, but we need them to use their powers. It is not enough to keep a cookery book closed; it has to be opened for the joys to be discovered. If councils really want to help us with fly-tipping, they must take every ability we have given them to beat it. We have strengthened powers to search and seize the vehicles of suspected fly-tippers. We have legislated to introduce fixed penalty notices for fly-tipping and for householders who give their waste to fly-tippers. The hon. Member for Barnsley East (Stephanie Peacock) mentioned the need to make sure that licences are checked. Actually, that is a householder’s responsibility, but not everybody knows that they have to do that. As that system becomes electronic, it will be considerably easier for people to go online—like we do with other things—and check the licence. If somebody does not have the appropriate waste carrier licence, they should not be used for waste disposal.

It is important to ensure that everybody is up to date. For example, if a kettle breaks down, as a small electronic good it can be taken back to the retailer and they will get rid of it. Not everybody is aware of that, so they can be seen littered across our countryside. I am due to meet with manufacturers of mattresses on 6 June, because of mattress mountains—I think it was my hon. Friend the Member for Peterborough (Paul Bristow) who mentioned mattresses being dumped. It is a problem up and down the land. Extended producer responsibility is slowly going through, but I want to see manufacturers coming forward and voluntarily saying what they will do with their items. The paint manufacturing industry recently came to me because it has developed a scheme in Cambridgeshire, which I hope to see, where paint can be taken back to any retailer.

Along with things like the DIY consultation, which we will be completing shortly, it is important that people have options with what to do with their waste. The majority of fly-tipping is the size of a small van or the boot of a car. It is small scale, notwithstanding what my right hon. Friend the Member for South Staffordshire (Sir Gavin Williamson) said was happening in some areas of the country. My hon. Friend the Member for Keighley (Robbie Moore) mentioned tyres. With particular items, we are having to drill down on how we tackle them.

[Sir Gavin Williamson]

The Minister made the strong point that it is important for local authorities to take responsibility and to use the powers that they have as effectively as possible. Is she willing to consider the prospect of increasing the amount of the fixed penalty fine that they can levy? I think it is currently set at £500. Could that be increased substantially?

[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.