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1169308
registered interest false more like this
date less than 2020-01-07more like thismore than 2020-01-07
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what assessment they have made of the prevalence of fly-tipping in England; whether it has increased over the last five years; and whether local authorities have sufficient powers to prevent fly-tipping. more like this
tabling member printed
The Lord Bishop of St Albans more like this
uin HL164 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2020-01-21more like thismore than 2020-01-21
answer text <p>Defra publishes annual fly-tipping statistics for England, with the most recent publication detailing the number of fly-tipping incidents reported by local authorities in 2018/19 published on 7 November 2019. The statistics show that incidents of fly-tipping have shown gradual increases over the last five years, albeit with a decrease reported between 2016/17 and 2017/18. The 2018/19 figures reported an increase of 8% from 2017/18. This most recent increase in recorded incidents does not, however, necessarily mean the number of fly-tipping incidents has increased. Local authorities have reported that as they make it easier for citizens to report fly-tipping, for example through mobile apps, they see an increase in the number of incidents recorded.</p><p> </p><p>Local authorities have a range of powers available to tackle fly-tipping. These include the power to issue Fixed Penalty Notices (FPNs) of up to £400 for fly-tipping offences, including to those caught fly-tipping and householders who pass their waste to a fly-tipper. Local authorities also have enhanced powers to search and seize vehicles of suspected fly-tippers. Powers to issue FPNs provide local authorities with an efficient mechanism to hold fly-tipping perpetrators to account without having to go to court, which can be a time-consuming, resource-intensive and expensive process. Additionally, the ability to issue FPNs can deter potential fly-tippers from fly-tipping in the first place.</p><p> </p><p>Local authorities also have the ability to take those accused of fly-tipping to court. If a fly-tipper is convicted, the offence is punishable by up to £50,000 or 12 months imprisonment if convicted in a Magistrates' Court. The offence can attract an unlimited fine and up to five years imprisonment if convicted in a Crown Court. Defra has already worked with the Sentencing Council to amend sentencing guidance for magistrates to ensure that they are aware of local fixed penalty levels for these offences. The Resources and Waste Strategy published in December 2018 includes a number of commitments to improve this, including working with the Sentencing Council to increase magistrates’ awareness of the prevalence and importance of waste crime, helping local authorities improve the quality of cases, and ensuring the Environmental Offences Definitive guideline is kept up to date and magistrates are effectively trained on it.</p><p> </p><p>Recent figures showed that there were 76,000 fixed penalty notices issued by Local Authorities in 2018/19, up by 11% from 2017/18. Prosecution outcome figures from 2018/19 also showed that the value of total fines increased by 29% to £1,090,000.</p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2020-01-21T14:43:09.177Zmore like thismore than 2020-01-21T14:43:09.177Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
4308
label Biography information for The Lord Bishop of St Albans more like this
1002495
registered interest false more like this
date less than 2018-11-06more like thismore than 2018-11-06
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what is their assessment of the progress made to date in combatting fly tipping. more like this
tabling member printed
The Earl of Shrewsbury more like this
uin HL11336 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-11-12more like thismore than 2018-11-12
answer text <p>The Government is committed to tackling fly-tipping. In recent years we have ensured that local authorities have the necessary powers to tackle fly-tipping. We have given local authorities the power to issue fixed penalty notices for small scale fly-tipping and enhanced local authorities’ and the Environment Agency’s ability to search and seize the vehicles of suspected fly-tippers.</p><p> </p><p> </p><p> </p><p>Earlier this year we also consulted on giving local authorities and the Environment Agency the power to issue fixed penalty notices to householders who fail in their duty of care and pass their waste to fly-tippers. A further announcement will follow later this year. We will also support local authorities in raising householders’ awareness of their duty of care and update the Waste Duty of Care Code of Practice to inform householders better about how to ensure their waste is disposed of properly.</p><p> </p><p> </p><p> </p><p>As part of the Government’s Resource and Waste Strategy (due to be published before the end of the year), we are developing a strategic approach to waste crime. This will include further measures to tackle fly-tipping, including enhancing local-level partnership working and working with the court system to strengthen sentences to act as an effective deterrent.</p><p> </p><p> </p><p> </p><p>Defra annually publishes fly-tipping statistics for England. The statistics for 2016/17 showed local authorities dealt with 1,002,000 fly-tipping incidents. The statistics for 2017/18 will be published on Thursday 15 November.</p><p> </p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2018-11-12T17:53:10.377Zmore like thismore than 2018-11-12T17:53:10.377Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
2147
label Biography information for The Earl of Shrewsbury more like this
901419
registered interest false more like this
date less than 2018-05-10more like thismore than 2018-05-10
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what action they are taking to combat the illegal dumping of waste. more like this
tabling member printed
Lord Kennedy of Southwark more like this
uin HL7746 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-05-22more like thismore than 2018-05-22
answer text <p>Illegal dumping of waste is a serious crime which damages the environment and causes misery to local communities. The government is committed to bearing down on the perpetrators and tackling all forms of waste crime is a government priority. We ensure that the Environment Agency (EA) and local authorities (LAs) have the necessary powers to tackle crime effectively across the waste sector. We brought in regulations earlier in the year to give the EA two additional powers to tackle problem waste sites. This enables the EA to restrict access to a waste site by locking the gates or barring access, and requiring all the waste to be removed from a site, not just the illegally deposited waste.</p><p> </p><p>We have also recently given LAs the power to issue £400 fixed penalty notices for fly-tipping offences and have enhanced the powers available to LAs and the EA, such as the ability to search and seize the vehicles of suspected waste criminals.</p><p> </p><p>Earlier this year we published our consultation on proposals to introduce a new fixed penalty for householders who pass their waste to a fly-tipper. We also intend to provide updated guidance for householders about how to ensure their waste is disposed of correctly. We are currently analysing consultation responses. Subject to the outcome of the consultation, we will seek to implement the changes later this year. As two thirds of fly-tipping is household waste, these additional measures will help tackle fly-tipping.</p><p> </p><p>We have also committed £30million in additional funding to the EA for waste crime enforcement until March 2022. This means that since 2014, an additional £60million in funding has been committed to the EA.</p><p> </p><p>With effect from April this year HMRC have introduced two changes to the Landfill Tax regime. These changes will further help tackle illegal dumping by making the disposal of waste less profitable.</p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2018-05-22T10:55:31.2Zmore like thismore than 2018-05-22T10:55:31.2Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
4153
label Biography information for Lord Kennedy of Southwark more like this
806745
registered interest false more like this
date less than 2017-12-14more like thismore than 2017-12-14
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what action they are taking to assist local authorities to deter fly-tipping. more like this
tabling member printed
Baroness Kennedy of Cradley more like this
uin HL4205 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2017-12-29more like thismore than 2017-12-29
answer text <p>The Government is committed to tackling fly-tipping on a number of fronts. In 2016 we gave local authorities the power to issue fixed penalty notices for small scale fly-tipping. We have enhanced the Environment Agency and local authorities’ powers to search and seize vehicles of suspected fly-tippers. It is for local authorities to use the full range of powers available to them.</p><p>We worked with the Sentencing Council when they strengthened the Sentencing Guidelines for environmental offences in 2014. The maximum penalty on indictment for fly-tipping is imprisonment of up to five years or a potentially unlimited fine. Minister Coffey will shortly be writing to Ministry of Justice Ministers on the matter of sentencing, and we will work with those involved in the court system to ensure sentencing levels act as an appropriate deterrent.</p><p>As part of our Resource and Waste Strategy we will develop further proposals to tackle fly-tipping. We will facilitate partnership working and intelligence sharing between organisations at a local level, including local authorities, and encourage local authorities and the Environment Agency to investigate incidents on private land.</p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2017-12-29T14:30:58.52Zmore like thismore than 2017-12-29T14:30:58.52Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
4303
label Biography information for Baroness Kennedy of Cradley more like this
789903
registered interest false more like this
date less than 2017-11-15more like thismore than 2017-11-15
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government, in the light of their Fly-tipping statistics for England 2016–17 which shows a 7 per cent increase in fly-tipping incidents from the previous year, what steps they are taking to deter and punish fly-tipping. more like this
tabling member printed
Lord Porter of Spalding more like this
uin HL3287 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2017-11-29more like thismore than 2017-11-29
answer text <p>The Government is committed to tackling fly-tipping on a number of fronts. In 2016 we gave local authorities the power to issue fixed penalty notices for small scale fly-tipping. We have enhanced the Environment Agency and local authorities’ powers to search and seize vehicles suspected of fly-tipping.</p><p> </p><p>The Sentencing Guidelines for environmental offences were reviewed and strengthened in 2014. The maximum penalty on indictment for fly-tipping is imprisonment of up to five years or a potentially unlimited fine. Parliamentary Under Secretary of State Dr Thérèse Coffey will shortly be writing to Ministry of Justice Ministers on the matter of sentencing and we will work with the judiciary so sentencing levels act as an appropriate deterrent</p><p> </p><p>As part of our Resource and Waste strategy we will develop further proposals to tackle fly-tipping. We will enhance partnership working and intelligence sharing, increase the reporting of fly-tipping on private land to target enforcement better and encourage local authorities and the Environment Agency to investigate incidents on private land.</p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2017-11-29T11:11:44.597Zmore like thismore than 2017-11-29T11:11:44.597Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
4555
label Biography information for Lord Porter of Spalding more like this
780302
registered interest false more like this
date less than 2017-10-30more like thismore than 2017-10-30
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what assessment they have made of the efficacy of fast-tracking the conviction and sentencing of fly-tipping offenders, in order to enable them to be required to remove the waste, dispose of it legally, and repair any damage they have caused. more like this
tabling member printed
Baroness Byford more like this
uin HL2666 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2017-11-07more like thismore than 2017-11-07
answer text <p>Certain cases can be fast-tracked through the courts in agreement between the prosecuting agency and the local Judicial Business Group. Convicted offenders can be subject to a range of sentences, including community sentences which may involve waste clearance work.</p><p> </p><p>The National Fly-tipping Prevention Group provides advice and guidance on measures people can take to prevent fly-tipping. Illegally dumped waste should be reported to the local authority, then cleared swiftly so others do not add to it, rather than waiting until the offenders are prosecuted and sentenced. Local authorities should then investigate fly-tipping, and prosecute the fly-tippers where there is sufficient evidence. A cost order can be made by the court so that the clearance costs can be recovered retrospectively.</p><p> </p><p>As well as tightening up the sentencing guideline for environmental offences in 2014, last year we gave local authorities the power to issue Fixed Penalty Notices for small-scale fly-tipping to assist them to take proportionate and prompt enforcement action.</p><p> </p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2017-11-07T17:37:01.957Zmore like thismore than 2017-11-07T17:37:01.957Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
3343
label Biography information for Baroness Byford more like this
773561
registered interest false more like this
date less than 2017-10-19more like thismore than 2017-10-19
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what assessment they have made of the adequacy of legislation to protect the countryside from fly-tipping. more like this
tabling member printed
Baroness Kennedy of Cradley more like this
uin HL2276 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2017-10-30more like thismore than 2017-10-30
answer text <p>The Government is committed to tackling fly-tipping in rural and urban areas. Local authorities and the Environment Agency have a full range of enforcement powers to tackle fly-tipping. We have recently strengthened their powers. We have given local authorities the power to issue fixed penalty notices for small scale fly-tipping and enhanced the ability of local authorities’ and the Environment Agency to search, seize and destroy vehicles of suspected fly-tippers. We have also strengthened the Sentencing Council’s Guidelines. The maximum penalties for fly-tipping are imprisonment of up to five years or a potentially unlimited fine.</p> more like this
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2017-10-30T16:24:48.187Zmore like thismore than 2017-10-30T16:24:48.187Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
4303
label Biography information for Baroness Kennedy of Cradley more like this
723775
registered interest false more like this
date less than 2017-04-24more like thismore than 2017-04-24
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty’s Government what proposals they have to reduce the amount of fly tipping in the UK; and when any such proposals will be introduced. more like this
tabling member printed
Lord Laird more like this
uin HL6817 more like this
answer
answer
is ministerial correction true more like this
date of answer less than 2017-04-27more like thismore than 2017-04-27
answer text <p><del class="ministerial"><em>It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.</em></del></p><p><ins class="ministerial">Fly-tipping is unacceptable whether it occurs on public or private land. Not only does it blight the areas in which it occurs but may also pose a risk to the environment and human health.</ins></p><p><ins class="ministerial"> </ins></p><p><ins class="ministerial">In May 2016 we gave local councils the power to issue fixed penalty notices of up to £400 for small-scale fly-tipping as an alternative to more costly prosecutions. This built on other action to tackle fly-tipping, including: working with the sentencing Council on its sentencing guideline for environmental offences; making it easier for vehicles suspected of being involved in waste crime to be stopped, searched and seized; continuing to chair the National Fly-Tipping Prevention Group to promote and disseminate good practice for tackling fly-tipping; strengthening the waste Duty of Care by publishing a revised Code of Practice and supporting the industry-led Right Waste Right Place campaign to promote Duty of Care to small businesses.</ins></p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2017-04-27T10:57:54.903Zmore like thismore than 2017-04-27T10:57:54.903Z
question first ministerially corrected
less than 2017-04-27T15:06:17.85Zmore like thismore than 2017-04-27T15:06:17.85Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
previous answer version
46577
answering member printed Lord Gardiner of Kimble more like this
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
2479
label Biography information for Lord Laird more like this
715498
registered interest true more like this
date less than 2017-03-30more like thismore than 2017-03-30
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty’s Government, further to the answer by the Earl of Courtown on 8 March (HL Deb, col 1357), whether, following a successful prosecution by the Environment Agency for fly-tipping, landowners will receive recompense for costs incurred in having rubbish removed. more like this
tabling member printed
Baroness Byford more like this
uin HL6459 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2017-04-05more like thismore than 2017-04-05
answer text <p>Where a person is convicted of an offence under section 33 of the Environmental Protection Act 1990 (the ‘fly-tipping’), section 33B (2) of that Act provides that “loss or damage resulting from the offence” in section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 specifically includes costs incurred or to be incurred by a relevant person in removing the waste deposited or disposed of in or on the land; taking other steps to eliminate or reduce the consequences of the deposit or disposal; or both.</p><p> </p><p>A “relevant person” is defined for these purposes in section 33B (3) as including the occupier of the land and the owner of the land.</p><p> </p><p>A court can order the person convicted of fly-tipping to pay compensation to the occupier or owner of the land in respect of costs incurred or to be incurred in removing the waste and/or associated clean-up costs. Whether a court would in any particular case make such an order will depend on the nature of the case, any other form of punishment to which the offender is to be sentenced, and the financial means of the offender to pay. Once a compensation order is made the courts have a role in enforcing that order to ensure that monies are paid. This is reflected in the sentencing guideline. The application of the guideline is a matter for the court to decide. A copy of this document will be placed in the Library.</p><p> </p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2017-04-05T11:08:44.523Zmore like thismore than 2017-04-05T11:08:44.523Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
3343
label Biography information for Baroness Byford more like this
715499
registered interest true more like this
date less than 2017-03-30more like thismore than 2017-03-30
answering body
Department for Environment, Food and Rural Affairs more like this
answering dept id 13 more like this
answering dept short name Environment, Food and Rural Affairs more like this
answering dept sort name Environment, Food and Rural Affairs more like this
hansard heading Fly-tipping remove filter
house id 2 remove filter
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty’s Government, further to the answer by the Earl of Courtown on 8 March (HL Deb, col 1357), whether they will give further consideration to providing compensation to landowners in relation to large-scale commercial dumping of waste on private land. more like this
tabling member printed
Baroness Byford more like this
uin HL6460 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2017-04-06more like thismore than 2017-04-06
answer text <p>The Government is not currently considering providing compensation to landowners in relation to large-scale commercial dumping of waste on private land.</p><p> </p><p>Fly-tipping is unacceptable whether it occurs on public or private land. However, fly-tipping on private land is a difficult issue. Local authorities are not under any legal obligation to clear fly-tipped waste from private property, so this responsibility falls to the landowner. Some authorities may offer a clearance service but they are likely to charge for this. If, following an investigation, a conviction is secured then the court can award compensation which covers the costs of clearance of waste to the landowner.</p> more like this
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2017-04-06T11:44:49.477Zmore like thismore than 2017-04-06T11:44:49.477Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
3343
label Biography information for Baroness Byford more like this