Fly-tipping and Illegal Dumping

Jo Churchill Excerpts

Tuesday 24th May 2022 Westminster Hall

[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.

[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.

[Robbie Moore]

Does the Minister agree that the Government should name and shame councils that are not issuing fixed penalty notices when concerns are being raised by their constituents? Does she also agree that the individuals who are fined and receive fixed penalty notices should be named and shamed in the public domain?

[Jo Churchill]

We are straying into sentencing and so on, which does not come under my Department. Much of what has been spoken about today involves me talking to colleagues in the Department for Levelling Up, Housing and Communities and so on. However, I will take away those questions, because I think it is right that the fine should fit the crime. Those discussions are ongoing.

We are looking to improve the environmental quality of all our communities. We have more ambitious plans, such as introducing the deposit return scheme to ensure that billions more drink bottles and cans are safely returned and recycled, and to ensure that the recyclate coming from that is of a better quality, so that it can enter a circular economy. I fully agree that that is what we should be aiming for. As I say, we have spoken to National Highways to tackle the scourge of roadside litter, and to the Ministry of Justice to support the community payback schemes that have been so fantastic at cleaning up some of our communities. We also want to explore what more can be done on sentencing for more serious waste-related crimes.

As part of wider reforms, extended producer responsibility will move the cost of the disposal of packaging in street bins from local taxpayers and residents on to the producer. I am sure that that strikes us all as fairer. These measures will have an enormous impact on plastic and other litter that we see on our streets, in our and in our waterways. To support innovative local action, in 2012 we commissioned the Waste and Resources Action Programme to administer the fly-tipping intervention grant scheme on our behalf. That was the grant of £450,000, which many Members mentioned, to enable a number of councils to implement a range of measures to tackle fly-tipping. Projects being funded include a combination of artificial intelligence and APNR cameras in Buckingham, the trial of “No bags on the street” in Newham, CCTV enforcement in Durham, and directing offenders to a digital education tool. I am pleased to say that we are looking to extend that grant, and I will be giving more details. It has been very popular, and many councils wish they could have availed themselves of it.

We also recognise the importance of local residents being able to dispose of rubbish in a responsible, simple way. We are working with councils on legislative powers to bring in consistent collections to make the system easier. We are consulting on preventing charges for DIY waste because, as many Members have said, that is a problem that blights neighbourhoods. We are also seeking views on household waste recycling centres because, again, some behaviours have changed over the past two years with the covid pandemic. As we have seen, that has led to a rise in some of the behaviours that we want to drum down on.

[Mrs Paulette Hamilton]

The Minister talked about recycling centres, and earlier somebody mentioned mobile recycling centres. Has the Minister done any evaluation of mobile recycling centres? In Birmingham, they have proved exceptionally successful. It would be interesting to find out what work is being done to support local authorities to expand that type of scheme.

[Jo Churchill]

I thank the hon. Lady. I made notes during the debate and can see everybody’s constituency highlighted, but I cannot see who mentioned mobile collections. That is a fascinating idea to explore a little more, particularly for items that are difficult to recycle, such as lithium batteries. Having a small van where those items can be left might work very well. Was it my hon. Friend the Member for Meriden who mentioned mobile collections?

[Saqib Bhatti]

indicated assent.

[Jo Churchill]

I am sure I will pick that up with my hon. Friend after the debate.

DEFRA continues to chair the National Fly-Tipping Prevention Group, through which we work with a wide range of interested parties, such as local authorities, the police, the Environment Agency and the National Farmers Union, to disseminate good education and learning. My own farmers have spoken to me at length about it, so I know they will be pleased to hear that my hon. Friend the Member for Meriden highlighted how farmers’ land is blighted across the country. This is a rural crime, and many of us understand the impact it has on farmers and businesses, because they are obliged to clear it up when it is on their land.

We are currently working with the NFTPG to develop a fly-tipping toolkit to share best practice. That toolkit will ensure that people can present robust cases to the courts to support tougher sentences. We intend to deliver that shortly. We have already started working on the next element of the toolkit: how councils can set up and run an effective fly-tipping partnership. We expect to have that published before the end of the year.

We recently concluded two online consultations on how to tackle waste crime while supporting people and businesses to manage waste correctly. I fully agree with my hon. Friend the Member for South West Hertfordshire (Mr Mohindra) that we must support businesses that are doing the right thing. Those are the ones that we do not want to be penalised because others do things badly. We will reform and strengthen the waste carriers, brokers and dealers regime by moving it to a permit-based system, increasing competence and the background checks required to move or trade waste. We are taking forward the introduction of mandatory digital waste tracking, which will also help us to detect, enforce and prosecute, as the hon. Member for Barnsley East pointed out. I hope that it is clear that we are taking extensive action to tackle the scourge of fly-tipping. That action, along with the tireless work of local authorities and many other community organisations, will deliver significant results.

I thank my hon. Friend the Member for Meriden once again, and I also thank the hon. Member for Birmingham, Erdington, my right hon. Friend the Member for South Staffordshire, and my hon. Friends the Members for Keighley, for Loughborough (Jane Hunt), for Hyndburn, for Moray, for Totnes (Anthony Mangnall), for Peterborough, for South West Hertfordshire, for Truro and Falmouth and for Sevenoaks. They are literally from the top to the bottom of our beautiful country—

“This earth of majesty, this seat of Mars,

This other Eden, demi-paradise,

This fortress built by Nature for herself.”

That is the rest of the quote given by my hon. Friend the Member for Totnes. Let us ensure that we sort this out and do the right thing.