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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
713109
registered interest false more like this
date less than 2017-03-21more like thisremove minimum value filter
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 how many instances of fly tipping have been reported in each of the past three financial years; and how many successful prosecutions have been brought over the same period. more like this
tabling member printed
Viscount Goschen more like this
uin HL6229 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2017-04-03more like thismore than 2017-04-03
answer text <p>The number of instances of fly-tipping reported by local authorities, and the number of successful prosecutions brought over the last three years are set out in the table below.</p><p> </p><table><tbody><tr><td><p>Financial year</p></td><td><p>Number of Incidents</p></td><td><p>Number of successful prosecutions</p></td></tr><tr><td><p>2013/14</p></td><td><p>852,036</p></td><td><p>1,953</p></td></tr><tr><td><p>2014/15</p></td><td><p>899,763</p></td><td><p>1,771</p></td></tr><tr><td><p>2015/16</p></td><td><p>936,090</p></td><td><p>2,091</p></td></tr></tbody></table><p> </p><p>The data is published on the GOV.UK website.</p><p> </p><p>The overall trend in fly-tipping incidents had shown a steady decline between 2007/08 and 2012/13 until 2013/14 when there was an increase to 852,000 incidents. Prosecutions have been more variable, with a peak in 2011/12. The 2015/16 figure is more average.</p><p> </p><p>Many local authorities have started to improve the way they capture and report fly-tips over the past few years, so the increase over time should be interpreted with some care. It has also been brought to our attention that the definitions used to describe fly-tips are interpreted broadly from the guidance.</p>
answering member printed Lord Gardiner of Kimble remove filter
question first answered
less than 2017-04-03T16:05:17.113Zmore like thismore than 2017-04-03T16:05:17.113Z
answering member
4161
label Biography information for Lord Gardiner of Kimble more like this
tabling member
3602
label Biography information for Viscount Goschen more like this