Question to the Department for Environment, Food and Rural Affairs:

To ask Her Majesty's Government whether they treat sky lanterns as a form of litter; if not, why not; and whether they have any plans to ban (1) the use, and (2) the mass release of, sky lanterns.

The Environmental Protection Act 1990 Act does not provide a comprehensive definition of litter or refuse, although the courts have considered the definition to be wide. Litter is most commonly assumed to include materials, often associated with smoking, eating and drinking, that are improperly discarded and left by members of the public; or are spilt during business operations as well as waste management operations.

Section 87 of the Environmental Protection Act 1990 says: “A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it”. Ultimately it is for a court to rule whether a release of sky lanterns would be covered.

An independent study commissioned by Defra and the Welsh Government published in 2013 concluded that the risks to animals or damage to the environment by sky lanterns were relatively minor and that voluntary action and initiatives have been shown to be effective. Based on these findings, we currently have no plans to ban the use of sky lanterns.