PARLIAMENTARY DEBATE
Fly-tipping - 26 November 2024 (Commons/Westminster Hall)
Debate Detail
That this House has considered Government support for local councils to tackle fly-tipping.
It is a pleasure to serve under your chairmanship, Sir Christopher. We have only 30 minutes for this debate, and I am keen to take as many interventions as possible, so I am looking forward to hearing many contributions from across different sides of this Chamber.
Fly-tipping is a major scourge in the local areas of many constituents, not only in my constituency, but across the country. It is the illegal dumping of waste in public or private spaces, often in areas that are designated for waste disposal. As people will be aware through the news and other online sources, fly-tipping has become a significant environmental issue, with millions of pounds being spent annually on cleaning up waste and countless communities affected by the unsightly and hazardous consequences. This problem not only affects the aesthetics of the environment, but poses serious health and safety risks.
In today’s debate, I hope to explore the nature of fly-tipping, its causes and consequences, and where we need further Government action. There have been regular debates on this topic in Westminster Hall over the last number of years, including recently in September. I acknowledge that all Governments have struggled with this issue and that solutions have been piecemeal, with successes but also concerns. I welcome the announcement this week of respect orders and this Government’s focus on antisocial behaviour; I hope that, alongside those, this Government will focus on and challenge those who persistently fly-tip in the future.
First, there are the economic factors. As the hon. Member for Strangford (Jim Shannon) mentioned, a key reason people engage in such behaviour is the expense of private waste management companies. People try to avoid disposal fees, and fly-tipping is a convenient alternative. Secondly, we have seen a reduction in waste disposal services; in some areas, councils have had to close household waste recycling services and/or introduce charges. Thirdly, there is a lack of enforcement. Enforcement numbers have been reduced in many council areas due to local government budget cuts and the non-statutory nature of enforcement in councils. In my view there is a correlation between the enforcement potential, the reduction of staff and the increase in fly-tipping.
The statistical basis for fly-tipping is complicated. Different Governments over the last 14 years have measured it in different ways. Between 2010 and 2017 we saw a significant increase, according to BBC statistics, of around 40% in fly-tipping across the country, and that has remained static in recent years. The ways of calculating these things vary, so one question I have for the Minister is whether we should have a standardised, data-driven approach to recording fly-tipping incidences.
The lack of enforcement is concerning. My hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) mentioned the reduction in court fines issued. Their value fell in 2022-23 to £785,000 in total, which just touches the tip of the iceberg. To be fair, although there are no Conservative Members here for this debate, the previous Government did act, increasing fines from £400 to £1,000 under the antisocial behaviour plan, increasing court fines by £526 and abolishing local authority charges—so they were aware of the issue.
We also work across boroughs. Local authorities are not islands unto themselves, so it is important that Medway works with Gravesham, Swale and other local councils on cross-boundary issues. I note that my hon. Friend the Member for Sittingbourne and Sheppey (Kevin McKenna) is sitting behind me.
We also have a wall of shame in Medway, to publicise people who are conducting this environmental crime by naming and shaming those who are caught and fined. We work very closely with our probation and community payback service to ensure that those who commit the crime clear up their mess. We have increasingly used CCTV technologies in hotspot locations to catch perpetrators. Those schemes in Medway have resulted in successes in challenging fly-tipping but, as my hon. Friend the Member for Dartford (Jim Dickson) said, that is not the same across all Kent areas.
I have a series of questions for the Minister. The new respect orders that the Government are introducing are extremely welcome. I entirely endorse the approach undertaken by the Home Office and others to curb antisocial behaviour, including nuisance biking and other persistent behaviours. Will the respect orders include those who engage in persistent environmental crimes, or will the Minister look at other enforcement approaches?
Courts can give different fines for fly-tipping, depending on the size, but many councils have a standard fine approach. Will that be reviewed to take into account the size and nature of the fly-tip to dissuade people from commercial fly-tipping? Will the Government monitor the number of fixed penalty notices and court enforcements occurring in each council area, because there is a postcode lottery in this country?
The Regulation of Investigatory Powers Act 2000 allows councils to use camera technologies, but sometimes there have been restrictions on the use of camera technologies, specifically in areas of hotspots. Can we look at that again, to allow local authorities to use camera technologies in a way associated with challenging this issue?
In relation to public awareness and celebrating the “wall of shame” approach, can the Government use Medway and other councils as a template example of how we can use “wall of shame” approaches to annunciate to the public that we are challenging this issue, and those who commit this crime, robustly? Many councils already announce those whom they are fining for litter dropping and other types of environmental crime, yet there is an inconsistency in relation to fly-tipping.
With regard to waste disposal options, I agree with my hon. Friend the Member for Ealing Southall (Deirdre Costigan) on the idea of the circular economy and providing more recycling options, but I also think we need to support the Environment Agency, which saw budget reductions under the previous Government, and allow it to prosecute more illegal waste carriers. We also need to promote further collaboration among land managers, local authorities, police and the Environment Agency to establish ownership of the issue. Many farmers in my area are struggling, and the National Farmers Union has raised with me the concerns among its members that they do not necessarily know who to go to when fly-tipping occurs. They believe that the local authority approach of simply sending them a web link in relation to a fly-tip is not the best solution and is not giving them a solution, and therefore they are having to seek private sector options.
I thank the Library for providing me with the datasets for today’s debate and I thank all those Members who have contributed. I look forward to the ministerial response.
I thank all colleagues for their thoughtful contributions—fly-tipping is a serious crime, and we know it blights local communities. I have been reading about the horrendous case of the front garden on Peach Avenue in the constituency of my hon. Friend the Member for Stafford (Leigh Ingham), and we appreciate the difficulty it poses to all landowners. Local councils reported over a million fly-tipping incidents in 2022-23—that is a significant burden on the UK economy, and was an increase of 10% on the three previous years. During that time, we had covid, where we were not allowed out for several months at a time, so I think we can say it is increasing year on year. What we are here to say is enough is enough. Things have to change. As my hon. Friend the Member for Chatham and Aylesford has said, there have been years of Conservative failure on this, and we have a plague of rubbish on parks, streets, front gardens, farms, rural estates, and industrial estates. I was in the constituency of my hon. Friend the Member for Ilford South (Jas Athwal) yesterday and was sending him texts on the way home because I could see some illegal burning going on as I drove back from the beautiful Hainault forest.
We want to end our throwaway society: stop this avalanche, increase recycling rates, reduce waste, and crack down on waste crime. To the point about the circular economy made by my hon. Friend the Member for Ealing Southall (Deirdre Costigan), yesterday we laid the deposit return scheme regulations in Parliament, and we have a statutory instrument on extended producer responsibility tomorrow. There are colleagues in the room who will participate in that debate to show the three legs of the stool—simpler recycling, EPR, and DRS, all of which are going to drive up our recycling rates, with the intention of getting to 65% by 2035.
I looked back at some news items from 2002, when the last Labour Government was trying to get the recycling rate up to 50% by 2015. That tells you something about the progress that has stalled over the last 14 years, that we are still hovering around a 43% to 44% recycling rate, and actually going backwards in some areas.
We have committed to forcing fly-tippers and vandals to clean up the mess that they have created as part of a crackdown on antisocial behaviour, and I look forward to providing further details on that commitment in due course. I met the Prisons Minister, Lord Timpson, to discuss how we can equip prisoners for their release and rehabilitation through some of the environmental work in this area.
Councils have enforcement powers to punish those who harm our communities and to deter other would-be offenders, and I encourage them to make good use of those powers, including their power to prosecute. I pay tribute to the council in the constituency of my hon. Friend the Member for Chatham and Aylesford for their actions. Fly-tipping can lead to a fine, community service or even imprisonment.
Sentencing is a matter for the courts, but the national fly-tipping prevention group, which is chaired by officials from the Department for Environment, Food and Rural Affairs, has produced guidance to support councils to present robust cases to court. I urge colleagues to encourage their councils to join that group, because there is no monopoly on wisdom in this area and it is good to share initiatives such as the wall of shame.
Instead of prosecuting, local authorities can issue fixed penalty notices of up to £1,000 to those who fly-tip or of up to £600 to those who pass their household waste to someone who does not have the proper licence. They also have powers to stop, seize and search the vehicles of those suspected of fly-tipping. They have the powers; whether they have the finances and resources after losing almost two thirds of their budgets after years of cuts to local authorities is a different question. Ahead of the previous fly-tipping debate, I wrote to those councils that reported no enforcement actions in 2022-23, and I will consider what further action is needed to encourage more councils to increase their efforts to bring them all up to the level of the good.
We are under no illusions about the scale of the funding pressures that local authorities face, and I know that many colleagues have served on local councils. We are committed to resetting the relationship between local and central Government, and we will get councils back on their feet by providing multi-year funding settlements, ending the competitive bidding for pots of money and reforming the local audit system.
My hon. Friend the Member for Chatham and Aylesford raised the issue of rural fly-tipping, as did my hon. Friend the Member for Halesowen (Alex Ballinger). Some 80% of farmers have been affected by fly-tipping on their land. We will continue to work with the National Farmers Union and others to promote and disseminate good practice on how to prevent fly-tipping on rural land.
The public have a vital role to play in tackling this, because 60% of fly-tips involve household waste. Householders must check the register of waste carriers to avoid giving their waste to rogue operators who promise quick, cheap waste collection.
It is important that we educate householders about their duty of care in this area. I am considering reform to the waste carrier, broker and dealer regime to make it easier to identify rogue operators. I have met representatives of the Chartered Institution of Wastes Management to talk about how we can introduce qualifications around licensing. I am keen to do as much as we can in that area.
Whether they live in the countryside, a town or a city, people should walk through their community feeling proud of a clean environment that is free of rubbish and litter. That is why, with councils, communities and local authorities, we will work together with regulators to force offenders to clean up their mess, put a stop to the waste criminals and keep our communities clean.
“A half-hour adjournment debate is a personal debate between the Member who has secured the debate and the Minister who is to reply…Interventions from the Opposition frontbench are not allowed. Opposition spokespersons may participate, from the backbenches, on matters which do not relate to their portfolio. Equally, because the debate is personal to the Member and the Minister, no reference should be made to the absence of other Members (for example, an Opposition frontbench spokesperson).”
References in this debate to the absence of anybody from the Opposition Front-Bench team were out of order, and I apologise for not having raised that at the time. I think it is important that we remind ourselves of the rules of procedure and the fact that, in half-hour debates, there is no opportunity for Opposition parties to participate.
Motion lapsed (Standing Order No. 10(6)).
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