Motorways: Litter

Richard Holden Excerpts

Tuesday 25th April 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Mr Richard Holden)]

It is an absolute pleasure, as ever, to serve under your chairmanship, Mr Hollobone. I thank my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) for bringing this debate to Westminster Hall. I believe he served as Roads Minister for almost two and a half years; I hope to have even a fraction of that time in the role and to do as much work as he did in this area at the start of the coalition Government. I also thank the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier), my hon. Friends the Members for Old Bexley and Sidcup (Mr French), for Stoke-on-Trent South (Jack Brereton) and for Dartford (Gareth Johnson), and the shadow Minister, the hon. Member for Sheffield, Brightside and Hillsborough (Gill Furniss).

My right hon. Friend the Member for Hemel Hempstead raised many issues that I will approach head on through my response on behalf of the Government. The Government’s vision is of a road network free of litter. We believe that there is a lot more that we can do to keep the strategic road network, which includes England’s motorways, clear of litter. Litter is not only an eyesore, as hon. Members on both sides have mentioned, but environmentally damaging in numerous ways. It can risk the lives of the people who need to collect it as well as those of people on the road network itself.

The Government’s litter strategy for England is owned by the Department for Environment, Food and Rural Affairs, and it sets out the aim to deliver a substantial reduction, across Government, in litter and littering within a generation. The litter strategy brings together communities, businesses, charities and schools, to bring about real change by focusing on the following key themes: education and awareness, improving enforcement, and better cleaning and access to bins. Those three themes have been picked up by hon. Members across the House in this debate. Influencing public behaviour and discouraging littering from occurring in the first instance is important in delivering lasting improvements. We will work across Government and with anti-littering organisations to help achieve that vision.

The responsibility of National Highways was a key theme of my right hon. Friend’s speech, and the responsibility for clearing litter and sweeping carriageways is indeed governed by the Environmental Protection Act 1990. National Highways is responsible for litter collection on motorways and on some trunk roads. I will write to my hon. Friend the Member for Old Bexley and Sidcup about the A2 and A20; the area is around the M25 and what is before and after it, but I will get the specific maps to him.

Relevant district and local authorities manage litter collection on roads in the rest of England. National Highways does have its own litter strategy, which aligns with wider Government strategy and has similar themes. Within that strategy, National Highways has committed to keeping the strategic road network predominantly free from litter without compromising safety, and delivering that affordably. National Highways staff undertake regular road inspections along the network to identify litter, detritus and safety hazards and they arrange for appropriate action as soon as possible, in line with the DEFRA code of practice on litter and refuse. Obviously, their main priority is to maintain road safety on the network.

[Sir Mike Penning]

As a former Roads Minister, I understand how it is when an arm’s length agency is sending notes saying, “This is what we do.” But it is completely different out there in the real world. I am sorry, but if National Highways is out there checking regularly, it really needs to get its eyes tested. The situation is appalling. Year after year, the same places are involved—particularly the junctions. In my part of the world, the M25/A41 junction is literally piled high year after year, and I have never seen it cleared. The Minister has a responsibility to the taxpayer to turn around and say, “This isn’t working.”

[Mr Holden]

I thank my right hon. Friend for raising that point. Most weeks, I drive up the A1 and M1 to my North West Durham constituency, so I know exactly the issues he is raising. I will write to him about the specific issues around the roads in his constituency.

I want to go into a few more details, but we all want the issue to be addressed. Obviously, safety is paramount when clearing litter from the network. The roads are often fast running a lot of the time, with high volumes of traffic. Litter picking usually requires traffic management and sometimes overnight working as well. Relevant organisations across Government work closely with other litter clearing organisations to improve the operational effectiveness of clearing wherever possible.

National Highways has previously utilised the Ministry of Justice’s community payback project scheme to assist with those clearances. Offenders have been involved in removing graffiti and rubbish at service stations as well. As my right hon. Friend will know, the Government still own a significant number of service stations on the national highway network. The scheme was suspended during the covid pandemic; I undertake to write to him about that and about what we are doing to push National Highways to make more use of it going forwards. Due to safety considerations, the opportunities for using offenders can be limited.

More broadly, the simple fact is that if litter was not dropped in the first place it would not need to be picked up; that is why influencing behaviours is an essential component of tackling the issue. My hon. Friends the Members for Stoke-on-Trent South and for Dartford made that point as well. To answer one of the questions posed by the hon. Member for Sheffield, Brightside and Hillsborough, I had a meeting with the chief executive of National Highways today and raised the issue of littering. In fairness to my officials, I have meetings every couple of weeks with the National Highways chief exec, and this was one issue that was raised today.

I have also spoken with National Highways about a broader awareness campaign. I think it was my hon. Friend the Member for Dartford who made the important point that there is aggressive littering and more passive littering, and it is particularly important that we do all we can to make people aware of the impact littering has on not only the environment but everyone’s enjoyment of travelling across the country and our rural environment. There is a campaign currently in the offing to tackle this, because National Highways is aware of how much of an issue it has become.

National Highways uses research and evidence to inform anti-littering interventions, such as car and lorry-height bins, which people may have seen as they leave motorway service stations; anti-littering posters; and signs to encourage positive littering behaviours. I will write to hon. Members who have attended today’s debate about what more National Highways is doing in that space. Campaigns and messages such as “Don’t Drop Litter, Bin It” and “Keep It, Bin It” have been shown on electric message boards across the National Highways network, and there have been digital display sites at traffic hubs and motorway service stations across England. Feedback from road users has shown that that type of messaging can make a difference in reducing the amount of littering on certain parts of the network, and I want National Highways to do more of it.

We are continuously looking for other ways to influence littering behaviour, and we work with anti-littering charities, such as Keep Britain Tidy, and use their research to develop other interventions. National Highways supports the annual Great British Spring Clean, which raises awareness of roadside litter and encourages people to dispose of their litter correctly or to take it home. This year’s campaign was the seventh year that National Highways has been involved, and over the previous six campaigns it has collected over 60,000 binbags full of litter across the road network. National Highways also engages the commercial transport sector via its recently established professional driver experience panel, and littering behaviour campaigns throughout 2022 were aimed at road user groups who admit to having a propensity to litter, which includes commercial vehicle drivers.

Road users are also encouraged to report any instances of littering on the network to National Highways. There is also guidance available on many local authority websites, as well as other applications, to assist members of the public in reporting litter. All those interventions work towards engaging the public and preventing littering on the network in the first place, but this is a societal issue that does not just affect the wider road network. It will take work across wider Government and anti-littering organisations to continue to drive change in how littering affects areas.

[Sir Mike Penning]

I get the feeling that Minister is coming to a conclusion. All that work is taking place for the future, but unless we address the KSI issue, and unless there is some penalty for the agency not doing what it is required to do, the regulator cannot intervene, because fulfilling its legal requirements is not a KSI for the agency.

[Mr Holden]

I will come directly to the point about the KSI later. I have made a note of my right hon. Friend’s comments.

The debate has focused on litter on the motorways, but I must briefly highlight the work National Highways does with local authorities to combat litter on the roads. National Highways works closely with local authorities to resolve issues as far as is practicable. I will go into a bit more detail momentarily, but there is some good work with local authorities across the country, and the issue requires that interaction between National Highways and local authorities. To continuously improve collaboration and partnership working with local authorities, National Highways shares its maintenance and traffic management plans to allow litter collection to be carried out safely and simultaneously with maintenance, to help bring efficiencies to the process. NH provides a single point of contact to facilitate the co-ordination of litter clearance and provides an induction programme for local authority staff, which includes guidance on how to work with NH and signpost to further information and best practice. The Department expects NH to work with and support local authorities as much as possible to tackle litter on the wider strategic road network, and also at junctions, as litter does not stop at authority or National Highways boundaries.

Performance monitoring is one of the key drivers of the comments of my right hon. Friend the Member for Hemel Hempstead. The importance of litter to the Department and National Highways is highlighted by the fact that it is one of the performance indicators against which National Highways is monitored. The percentage of the strategic road network where litter is graded B or above under the DEFRA litter code of practice is measured. Grade B is defined as a network that is predominantly free from litter and refuse, apart from some small items. National Highways has committed to reporting against that metric annually. However, performance is monitored more regularly by the independent Highways Monitor, at the Office of Rail and Road. I will ask National Highways to write to my hon. Friend the Member for Stoke-on-Trent South about its policy regarding his council.

[Sir Mike Penning]

rose—

[Mr Holden]

If my right hon. Friend will allow to continue for another minute or so, he can jump in, if he needs to, on the KSI.

The Highways Monitor provides monthly advice to the Department on the performance of National Highways across all its performance metrics, and there is continuous dialogue between the three parties on opportunities for improvement.

[Jack Brereton]

I want to ask the Minister about the accuracy of that data. As we heard earlier, we have serious issues with grass and other vegetation disguising litter. Once it is cut, it reveals huge amounts of litter. I therefore question the accuracy of the data, and I wonder what the Minister’s view is on that.

[Mr Holden]

As I said, I will write to my hon. Friend about that, because it is an important point. If there is not proper monitoring, we cannot know what is going on. I want to get to the bottom of policies on grass cutting and other things.

National Highways and the Highways Monitor will report litter performance to the public in their annual reports, providing increased transparency. That happened only in road investment strategy 2. That is the era we are in now—between 2020 and 2025.

As hon. Members know, in 2021-22 National Highways reported that 61% of the network was graded A, which is no litter, or B, which is a small amount of litter. That means that a large proportion of the national highways—39%—has a significant amount. Although that is an improvement on 2020-21, which was about 49%, there is clearly still a lot of work to do. I do not underestimate that. Those grades are alongside DEFRA’s litter code of practice. The data for 2022-23 will be published this summer, so I ask hon. Members to keep an eye out for that.

[Sir Mike Penning]

I think what the Minister is saying to me is that, since I was the Minister, the regulator has not been allowed to look at the individual performance indicator, which is part of the KSI—it can look only at the KSI. Is he saying that the regulator can now look at the performance indicator on its own, or is it still allowed to look only at the KSI? If it is allowed to look only at the KSI, litter will not be on its agenda. He can write to me if he wants.

[Mr Holden]

If my right hon. Friend gives me a short amount of time, I will come to exactly what he is after.

NH believes that this improved practice over the past couple of years is due to sharing best practice between regions, more detailed data on targeted litter collections, and improved engagement with local authorities and authorities that clear litter on A roads, including Transport for London. We are currently developing the third road investment strategy, and continue to explore further metrics for inclusion in it—my right hon. Friend might want to put some specific KSIs in. That will include a performance specification and possible improvements to the specific metrics, including on litter. I will write to him on the specifics of what National Highways has to report, on what it is held accountable for and on those KPIs.

[Mr French]

I have a constructive suggestion for the Minister and the Department on producing new metrics. They will be familiar with the job of clearing up TfL’s mess by now—excuse the pun, but it is very deliberate. On the issue of responsibility and the impact of litter going on to motorways, we must consider consumer behaviour. However, there is an issue with some of the junctions that we have all spoken about, where litter is being blown through boroughs from TfL roads—I have mentioned the A2 and the A20. Certain boroughs want to clean the roads and some do not, and that is adding to the problems on motorways. When producing KPIs and working with other bodies, I suggest that the Department ensures that they have their own practices in place, so that this does not add to the pressures on National Highways.

[Mr Holden]

My hon. Friend makes a valid point. This is about local authorities working together at TfL level in London and with National Highways, and I will ensure that his views regarding key performance indicators are taken into consideration.

I say to my right hon. Friend the Member for Hemel Hempstead that the performance indicator is there. There is not a target; this is about monitoring at the moment. That is for RIS2, but KPIs might be exactly where we want to go at the next stage—I want to make that clear to him. We are working to ensure that there are targeted metrics in RIS3 and that the KPIs focus on the things that are most important to road users, and it is quite clear from today’s debate that keeping the highways litter-free is one of them. The current situation is not tenable, as my hon. Friend the Member for Dartford said, and I will speak to National Highways about the specifics as we look at its KPIs for RIS3. Progress will involve considering responses to the forthcoming public consultation on the National Highways strategic road network initial report, and I urge right hon. and hon. Members, and interested parties, to feed into that. As I said earlier, there are discussions about introducing an awareness campaign going forward.

Regarding enforcement and the use of technology, I have spoken about using education and awareness to influence littering behaviours, and about the work and performance of National Highways in clearing litter from the SRN. I want to cover enforcement and penalties, because right hon. and hon. Members also mentioned them. The Government understand that enforcement plays a key role in this regard, especially for litter thrown from vehicles. The enforcement of penalties for littering is owned by DEFRA, and we work closely with it and National Highways to improve enforcement options. Local authorities may issue fixed penalty notices for littering offences committed in their areas where it can be proven that litter was thrown from a vehicle.

The Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 make provision about reporting littering from vehicles in England. In recent years, the Government have bolstered local authority enforcement powers by raising the upper limit on fixed penalty notices for littering and by introducing powers to issue the keeper of a vehicle from which litter is thrown with a civil penalty. As I said, I recently spoke to National Highways and visited its site at South Mimms, where I saw some of the cameras in action. National Highways passes on evidence of the most egregious cases of littering and fly-tipping, but more could be done to co-ordinate its work with local authorities. I will come on to some of that work, on which we are doing a pilot at the moment. In the end, though, it is for local authorities to decide whether to pass on that information and whether they believe they have sufficient evidence to take enforcement action in any given case.

[Jack Brereton]

I was going to ask the Minister about enforcement powers. As he has alluded to, National Highways does not have such powers. Is there no possibility that we could consider giving National Highways some of those powers? I have previously had discussions with the organisation about other offences being committed on its network that it is totally powerless to deal with.

[Mr Holden]

That is a broader debate, and it is up to Parliament to decide where these powers lie.

I would like to give a shout-out to a few local authorities. I will mention a couple of other examples later, but North Lincolnshire Council, Newark and Sherwood District Council and North West Leicestershire Council are three that National Highways has said it works very closely with. In the majority of cases, they do prosecute when information is passed on. National Highways is also working closely with Brighton and Hove City Council and East Hampshire District Council too, and I will come on to East Hampshire again.

[Sir Mike Penning]

This is very important. Is the Minister saying, as I think he is, that if an alleged offence takes place on the motorway, a local authority can prosecute that individual or vehicle?

[Mr Holden]

I am, and in certain cases the police might prosecute if it is something more dangerous. National Highways can pass the information to local authorities so that they can prosecute. For the fly-tipping of some larger items, where for example people pull up at the side of the motorway and dump large quantities of rubbish, although the financial responsibility for clearing it up would be with National Highways, the local authorities could prosecute. For local authorities, it could be a win-win in terms of prosecution. National Highways clears it up, but the local authority can issue fixed penalty notices. Government guidance is available for local authorities on dealing with litter and issuing fixed penalty notices in the code of practice on litter and refuse.

Litter may also fall from vehicles that have insufficiently secured loads, as hon. Friends mentioned. That comes under section 8 of the Road Traffic Act 1991, and enforcement in that area is conducted by the Driver and Vehicle Standards Agency and the police, as it is a more serious offence. Road users can contact the DVSA if they wish to report incidents. Hon. Members will probably be aware of people increasingly using dashcams to make such reports to the police and local authorities.

National Highways works with local authorities and the DVSA to ensure that enforcement is carried out where particular issues are evident. That has included providing evidence to local government and the police authorities from its camera network. That is the most effective method of enforcement, because the police and other authorities can look at a range of potential infractions in one go, rather than National Highways doing so in isolation. Currently, National Highways does not have the power to issue fines or prosecute, as it is not an enforcement agency; its focus is on safety and maintaining the road network.

The Government have no plans to give National Highways enforcement powers in tackling litter offences; however, the company is keen to use technology to help transform the roads it manages and create a road network that supports a modern country, and it is keen to work with local authorities to prosecute. I undertake to write to all local authorities after today’s debate to say, “When National Highways pass information to you, please do use it to prosecute,” so that they are all in the same space on that. In answer to the point made by the hon. Member for Sheffield, Brightside and Hillsborough, National Highways does not itself issue fines; it is up to individual local authorities to do so.

The Government and National Highways are exploring the potential to harness technology to tackle littering, such as using numberplate recognition cameras for littering enforcement and to influence littering behaviour. We are trialling the use of geofencing to push anti-littering messages to customers’ devices at 29 lay-bys on the A50 and the A180. In lay-bys where no bins are provided, we will push the message to encourage people to take litter home. Where bins are provided, their use will be encouraged. That activity will also enable us to better understand lay-by use. We will help to monitor those messages and their impact on the build-up of litter.

In partnership with East Hampshire District Council, in one of the more interesting developments in this space, we will shortly trial the use of CCTV to capture evidence of people littering in lay-bys in the south-east. We often have more issues in those lay-bys when there is stationary traffic. That is also one of the reasons more issues tend to occur at road junctions. East Hampshire will then issue fixed penalty notices or pursue prosecution —some cases will be very egregious—as appropriate. National Highways is unable to do that, because it is not the litter authority, but it wants to work with the council on it. Litter and vegetation will be cleared at sites so we will have the best ability to monitor the effectiveness of this approach. I will monitor the issue closely and, if it works well, I will happily look at rolling the pilot out more broadly to other local authorities across the country that are keen to do more work in this area.

We have also looked at using dashcams on National Highways vehicles, as well as artificial intelligence from moving vehicles. However, we have not yet found a cost-effective approach that works on littering.

For any approach to work, we need the relevant litter authority to partner with National Highways. I really hope that more local authorities will follow the lead of those local authorities who are working with us on this.

I will write to my right hon. Friend the Member for Hemel Hempstead on driver awareness courses for littering offences. There have been some increases in fines in recent years, and I will write to him on what we are doing in that space as well. On community service, I will make sure that National Highways reaches out to authorities more, particularly post pandemic.

Let me finish by reaffirming my thanks to colleagues for this insightful debate. I hope that my right hon. Friend is satisfied, at least to some degree, with my response, which makes clear that we recognise the importance of tackling litter and holding National Highways’ feet to the fire to do more in this space.

The hon. Member for Sheffield, Brightside and Hillsborough mentioned the deposit return scheme. I understand her criticism. It is important that we get it right. We can see from what has happened in Scotland that not getting it right can cause more problems than it addresses. I want to make sure that we are in the right place on that scheme.

On private company contracts, my understanding from a conversation I had earlier today is that some of those privately managed contracts on parts of the motorway are in areas that are most clear of litter. If I find any specific issues on those contracts, I will write to the hon. Member for Sheffield, Brightside and Hillsborough.

We will continue to work hard to support the Government’s wider ambitions around litter. We are confident that National Highways shares that ambition. As we move forward, it is important to continue to improve how we can hold it accountable for preventing and tackling litter on England’s strategic road network.