Control of Litter (Fines) (Hansard, 7 March 1989)

§ Mr. Simon Burns (Chelmsford)

I beg to move, That leave he given to bring in a Bill to give local authorities the power to impose on-the-spot fines for litter offences and to make retail outlets and other premises responsible for the cleanliness of the public footpaths outside their premises; and for connected purposes. The background to the national problem of litter is well known and widely debated. It is a self-inflicted problem caused by a minority of thoughtless, selfish litter louts who cause a great deal of damage to the environment in which we live and to the quality of life. Sadly, this country is fast becoming the dustbin of Europe and the image that we present to visitors and tourists should fill us all with shame.

The problem can be put in perspective by realising that enough paper and card is thrown away each year to afforest an area the size of Wales. Incidentally, politicians who are concerned for the environment should remember, particularly at election time, that we add to the weight of litter with a plethora of election literature. I trust that Members of the SLD in particular will bear that in mind in 1991–92.

Local authorities, public-spirited individuals and central Government are trying to tackle the issue, but their efforts are hampered by the sheer scale of the problem. For example, Chelmsford borough council has an excellent ad hoc "Cleaner Chelmsford Committee" which, under the leadership of the mayor, Councillor Philip Firth does an excellent job, but its efforts are not so well rewarded as they should be because of the lack of effective legislation to back up what is done with meaningful penalties and deterrents against litter louts. Despite all its good intentions, the Litter Act 1983 is fast becoming a national joke. Between 1984 and 1988, 5,901 people were found guilty of offences under the Act, but the number of people successfuly prosecuted represents but a tiny proportion of the problem throughout the nation. Furthermore, no deterrents have been built up because the average fine imposed by the courts was a mere £32 compared with a statutory maximum of £400. In short, litter louts realise that the overwhelming majority of them can offend with impunity. The chance of getting caught is minuscule and even if they are caught the punishment is paltry.

My Bill is designed to launch an effective attack on litter louts and to show them that society means business in controlling them and reducing the problem. To that end, my Bill has three aims. The first is to extend to all local authorities the power that Westminster city council took for itself last year in a private Bill to enable specially designated local authority employees to impose on-the-spot litter fines on people caught offending. At present, every local authority watching the Westminster experience and wishing to have that power in its own area will have to go through the procedure of launching a private Bill to seek the power. Sweeping away that problem and giving every local authority that power is therefore the first aim of my Bill.

Designated officials of councils—Westminster has between 50 and 60—will then have power, on seeing people throwing down litter in the streets or on the roads, to request them to pick it up and put it in a refuse bin or take it home with them. Should they refuse, they will get a fixed penalty ticket, similar to a parking ticket. They will have 14 days in which to pay the fine, with the option of 770 going to the magistrates' court to plead the case and show why they should not have to pay the fine. In the first six months of the Westminster scheme, up to December last year, 590 people were apprehended. Of that number, all but three picked up their litter and put it in a rubbish bin. One person is being prosecuted. It is difficult to proceed against the two others because one lives in Hong Kong and the other gave a wrong address.

The second purpose of my Bill is to adopt a scheme that is common on the continent. Shops, fast food outlets and banks—particularly banks with cash dispensing machines—would be responsible for their shop fronts and the pavements in front of their premises. At present, one has only to visit any area of any town in Britain late at night, particularly near fast food outlets, to see the mess and wanton disregard for the environment. Fish and chip bags, fast food plastic packages and so forth are discarded for the local authority to clear away. The shopkeeper as well as the individual should have a moral responsibility to ensure that our cities, towns and villages are kept clean. That is why my Bill would impose a duty on the keepers of such premises to keep their fronts clear of litter.

Thirdly, my Bill would encoarage—I say no more than "encourage" because it would be difficult in law to do more—manufacturers to bring back the disposable deposit scheme that was popular up to 20 or 30 years ago. That would be reintroduced on bottles and cans so that when people brought bottles of lemonade or whatever, they would have an incentive to return the containers to the point of sale and to obtain a refund. There would also be an incentive for youngsters to add to their pocket money by picking up that sort of rubbish and returning it to shops, thus cleaning up behind those who do not bother to get the refund and continue to discard bottles and cans. That would enhance our recycling programmes because more cans, bottles and glass would be collected.

Those are the three key points of my Bill, which would set an example for the way forward and give local authorities the power to build up deterrents against litter louts, who would no longer discard their rubbish with impunity. Areas would soon gain a reputation for being tough with litter louts. By that means we would enhance the centres of our cities, towns and villages and improve the quality of life generally.

I ask Members in all parts of the House to support my Bill. If through lack of parliamentary time, as only six or seven months of the Session remain, all stages in both Houses cannot be completed. I urge the Government to take careful note of my Bill and what is said by its supporters—the public in general, local authorities and people with a special interest in improving the environment—and to introduce a Bill of their own. That would increase the reputation that the Government are justifiably establishing for being concerned with the environment. It would show that they are not merely whingeing about the problem but are actively doing something to solve it and thereby providing a better future for our children.