Fly-tipping

Thérèse Coffey Excerpts

Tuesday 17th April 2018 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Howarth, and I congratulate my hon. Friend the Member for Tiverton and Honiton (Neil Parish) on securing the debate. We have heard wide-ranging contributions from other hon. Members, recognising some of the work that has been done and some of the challenges still before us. I welcomed the opportunity to discuss fly-tipping with my hon. Friend at a recent event hosted by the CLA, which led me to take action to investigate the issue further. He will be aware that this is a long-term issue that needs to be tackled.

Fly-tipping really affects our country. That is why we have done more, and will continue to do more, to stamp out this anti-social crime that blights not only our countryside but our urban streets, and costs our economy greatly. My Department works closely with organisations across government to tackle fly-tipping, including local authorities, the Local Government Association, the Environment Agency, and the Ministry of Housing, Communities and Local Government. We also encourage strong collaboration between local councils, the police, the Environment Agency, and local landowners and communities, to tackle this issue.

My officials recently met a number of fly-tipping partnerships to discuss and review their models. We will work with the National Fly-tipping Prevention Group to disseminate the information and increase collaboration and intelligence sharing on a local, regional and national scale. My officials are engaged with the police at a national level through the National Police Chiefs’ Council, and with police and crime commissioners. Indeed, tomorrow my officials will discuss fly-tipping with the police and crime commissioner for Dorset, who is the fly- tipping lead for the National Rural Crime Network. A representative from the National Police Chiefs’ Council rural crime team also sits on the National Fly-tipping Prevention Group, which is chaired by my officials.

I am aware of the difficulties faced by individuals and businesses when fly-tipping occurs on their land. Landowners have a legal responsibility for their land, which is why we encourage them to secure it against fly-tippers, always to report incidents of fly-tipping to their local council and the police, and swiftly to clear fly-tipped waste so that the site does not become a known dumping ground. Through the National Fly-tipping Prevention Group we publish advice for landowners of all types of private land, from farmland to industrial estates. The potential use of cameras was mentioned, and although a national CCTV network is unlikely, I am conscious that many landowners use CCTV to try to tackle and identify individuals who are dumping waste.

[Neil Parish]

Cameras that are easily portable and can be put in trees are not so expensive now. We must catch many more people doing this because there is still too much pressure on the landowner and farmer to clear up the mess. They did not create the mess, but they end up with the cost of maintaining the environmental condition, and that is what infuriates everybody. We should do anything we can to encourage people to have some sort of camera, and to work more with the DVLA and others to catch the people driving the vehicles and bring them to book.

[Dr Coffey]

My hon. Friend mentions the DVLA, and often the Data Protection Act 1998 is used as a way not to pass on information. I am happy to take that issue away and discuss it with a Minister from the Department for Transport. He also mentions the challenge of costs. If somebody is convicted of fly-tipping, the landowner or occupier can pursue a court order under the Environmental Protection Act 1990 to get the costs of the clearance reimbursed. I encourage councils and other agencies to keep going with attempts to convict, and to try to help private landowners.

[Dr Drew]

Does the Minister accept that satellite technology now means that it is difficult to hide the things that people used to be able to hide? That is something the Department could consider more seriously. Such technology is already used in some parts of the United Kingdom, but that would be a good venture for DEFRA to take up.

[Dr Coffey]

I do not know whether satellite technology would help us in this case, and I am not an expert on how best to present evidence to get a conviction. However, I will certainly ensure that the point is understood by my officials, so that they can raise it with the National Fly-tipping Prevention Group and the police.

Local councils, as the responsible authorities, have a significant role to play in tackling fly-tipping on private land. Fly-tipping gangs dump waste irrespective of whether the land is publicly or privately owned, and all local councils should therefore investigate fly-tipping incidents on private land. If there is evidence, they should prosecute the fly-tippers, and they can then recover clearance costs via the courts, as I have just outlined. However, not all councils are minded to do that, and only about half are actively trying to tackle the issue.

I am very alert to the challenges regarding council resources. The hon. Member for Coventry North East (Colleen Fletcher) praised her council but was concerned about the available resources. I gently point out that although Coventry City Council’s website states that support from central Government has fallen—in 2010-11, £153 million came from the revenue support grant and business rates, and that is now £122.5 million—that is not quite a reduction of the level that I thought I heard the hon. Lady describe, which was considerably higher. I emphasise, however, that councils have many more powers and the opportunity to recoup costs, and it matters that they use those powers if the issue is a local priority. However, the national Government cannot force councils to do so.

I encourage all councils to be alert to fly-tipping and to use their powers. When councils ask us for powers, we will try to ensure that they get those powers in the future. Councils currently have more than 20 powers to choose from to tackle fly-tipping, and we have recently spent time working in Committees to give them more. We have strengthened a council’s ability to search and seize the vehicles of suspected fly-tippers, and we have introduced a fixed penalty notice for small-scale fly-tipping. An additional 20,000 fixed penalty notices were issued in 2016-17, but not all councils have decided to implement those powers. Again, I strongly encourage them to do so.

[David T. C. Davies]

Will my hon. Friend look at my suggestion to move some of the liability towards people who produce waste? Virtually every Member present agrees that whatever we are doing is not currently enough to deter people from committing this crime.

[Dr Coffey]

I heard what my hon. Friend said, and he will appreciate that this matter is devolved to the Welsh Government. The Welsh Government have already carried out a consultation to make it easier for councils to fine householders who do not check how their waste is disposed of, but those powers have not yet come into effect. We require a further consultation, because I am conscious that householders may not realise that websites are available—such as that of the Environment Agency—on which they can look up the names of the firms that come around touting for business. There is an obligation to use the appropriate procedures, because otherwise people can be convicted. Fixed penalty notices were introduced because they tend to be a more straightforward way for councils to deter people. Through this debate and other consultations, I am keen to continue to raise the awareness of householders who must look into who is disposing of their waste, and who it is being passed to. Our current assessment of fly-tipped waste in England is that two thirds of it comes from private households. That is why we are doing what I hope my hon. Friend believes we should be doing. I am happy to hear any more ideas he might have and to share them with the Welsh Government—I am sure he will also do that through his own political links.

Let me single out and praise certain councils across the country that are excelling. In Hertfordshire, for example, funding from the police and crime commissioner has enabled the county council to set up an effective partnership group that is starting to see results. Buckinghamshire County Council is another great example. It decided to make this issue a priority, and its dedicated enforcement strategy has halved fly-tipping incidents over the past 15 years—it is now prosecuting more than one case a week. In Cambridgeshire, a local council is making use of section 215 of the Town and Country Planning Act 1990, which requires landowners to clear waste when the amenity of an area is being significantly affected. That has helped to tackle fly-tipping hotspots, such as the front gardens and alleyways that become dumping grounds, as has been mentioned by many Members, including my hon. Friend the Member for Tiverton and Honiton. I appreciate that councils have to decide whether to invest resources in tackling this, but there are powers that they can use to great effect.

It is often asserted—several hon. Members mentioned this, including the hon. Member for Stroud (Dr Drew)—that there is a connection between charging at household waste recycling centres and an increase in household waste being fly-tipped. There are anecdotal reports suggesting a connection, but the evidence remains inconclusive. The waste and resources action programme undertook a survey last year, but it did not show a strong link between the two issues. I am happy to write to hon. Members present and share that information with them. I know that there are calls for fly-tipped waste to be disposed of for free at household waste recycling centres. More generally, enabling waste tipped on private land to be disposed of free of charge would not provide the right incentive to deter fly-tipping or to secure land. I stress that it is up to councils to determine whether to charge, in line with legislation.

[Neil Parish]

The Minister makes an interesting point about landowners acting to stop fly-tipping, but we must be careful. If people have to put huge boulders, or all sorts of things, in gateways just to stop people getting in to fly-tip, that is unsightly. I do not want the onus to be put back on to the landowner and farmer. It is the wrong way to do things. We must concentrate on the people who have illegally tipped in the first place.

--- Later in debate ---

[Dr Coffey]

My hon. Friend will be aware that much of the approach to tackling crime is to do with prevention. I understand what he said about the unsightly effects if we get landowners to try to reduce the opportunity for fly-tipping, but many people put extra locks and burglar alarms in their homes to deter people from targeting a particular home. That is an example of how people take an active interest in making their home robust against entry and crime. I understand my hon. Friend’s point and do not blame landowners. I am trying to be helpful.

I recognise that more can be done. The Government are hosting a roundtable on fly-tipping on private land next week. We will consider further what we can do. A key point is knowing the scale of the issue. Currently we cannot quantify the extent of fly-tipping on private land, as there is no established easy way for people to report it. However, we are changing that. We are learning from Natural Resources Wales, which has created a mobile app to record incidents. We will shortly be rolling out a similar app for England, with many benefits. The app will link through to the local council so that its enforcement team will instantly know when an incident has been recorded. It will also automatically plot the incidents on a map so that hotspots can be targeted. Such sharing of information will help the police, in particular, to identify issues quickly.

In response to a point raised by my hon. Friend the Member for Monmouth (David T. C. Davies), I would point out that we have just concluded a consultation on giving local councils and the Environment Agency the power to issue a fixed penalty notice of up to £400 for householders who do not take reasonable measures to ensure that their waste is provided to an authorised person such as a local authority or registered waste carrier. People can check online. The consultation closed on 26 March and we are considering the responses to determine exactly what proof a householder would need to provide to show that they had complied with the regulations. I want to make it clear that the approach is not about duffing up victims, but there are laws in place and we need to try to ensure that people obey them, rather than taking shortcuts. Subject to the outcome of the consultation, we intend to lay regulations in the autumn.

As to the broader question of tackling more forms of waste crime, we brought in regulations in February to strengthen the Environment Agency’s powers to tackle problem waste. It can lock site gates and require all the waste at a site to be cleared. We have just concluded a consultation on tightening the requirements to hold a waste permit and reviewing the waste exemption regime. As I have pointed out, there will be quite a lot more in our resources and waste strategy later in the year.

We will set out proposals to review the brokers and dealers regime. That is an important step to crack down on organised gangs who collect waste under the veil of legitimacy. As my hon. Friend the Member for Hornchurch and Upminster (Julia Lopez) highlighted, there are a lot of cowboy operators. We will be working closely with the waste industry to determine how best to ensure that those who are part of the trade fully understand their duties and responsibilities.

Much has been said about sentencing and we are reviewing it so that people who fly-tip will be punished appropriately. In 2014 we worked with the Sentencing Council to strengthen the guideline for environmental offences. The level of fines for organisations found guilty of fly-tipping has since risen, but fines for individuals have not undergone the same increase. My officials are liaising with the Ministry of Justice on that matter.

I am interested in the idea about insurance that was raised during the debate, and will add it to my next roundtable with the Association of British Insurers. As to consistency of response, we can only do our best by trying to share best practice with councils and police, and that is what we shall continue to do; I assure hon. Members that we work with other Departments. The hon. Member for Falkirk (John Mc Nally) highlighted action being taken by the Scottish Government. My hon. Friend the Member for Angus (Kirstene Hair) was right when she pointed out that there are not many prosecutions and that the fines that are given are quite low, and when she praised Angus Council for its work to ensure that recycling centres are open more widely. As to marine pollution, those things that blight the countryside and urban streets often also end up in the marine environment. My hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) mentioned illegal waste sites, and I assure him that we are taking action on those more broadly. The issue is less to do with fly-tipping than with the way people exceed their licences. We managed to get an extra £30 million out of the Treasury to support the Environment Agency in tackling that matter more, as we recognise the increasingly prevalent serious and organised crime links.

What I have been describing is a continuing journey, but I am pleased about the parliamentary support for more powers to be given to the Environment Agency and councils to tackle what is a real blight. I welcome the contributions that have been made to the debate today.