§ Mr. Bill WalkerTo ask the Secretary of State for Scotland what plans he has to deal with the problem of litter in public places; and if he will make a statement.
§ Lord James Douglas-HamiltonWe are determined to take vigorous and effective action to deal with the problem of litter. I am today publishing details of our proposals for legislation designed to improve the appearance and standards of cleanliness of public places in Scotland, and to enable and encourage local authorities, other landowners and individual citizens to take more effective action against litter and those who drop it. These proposals are broadly similar to those published on 20 July by my right hon. Friends the Secretaries of State for the Environment, for Transport and for Wales to apply in England and Wales.
Our proposals include:
a power for district and islands councils to introduce fixed penalty schemes for littering;an increase in the maximum fine for littering under the Litter Act 1983 from £400 to £1,000;a duty on local authorities to keep clean all land in their beneficial occupancy or control, open to the air and to which the public have access; this duty would include both litter and dog faeces;892Wa similar duty on certain landowners with statutory functions;a power for district and islands councils to impose by designation order a similar duty on owners of certain defined categories of land in other ownership (such as car parks, shopping precincts and forecourts of commercial premises);rationalising street cleaning responsibilities by making district and islands councils wholly responsible for cleaning of all roads (except motorways);a statutory code of practice to which all those under the duty would be required to have regard, specifying standards of cleanliness and advising on the best means of achieving these;a system of enforcement whereby (a) an aggrieved citizen can apply for a court order directing a local authority, or any other landowner under the duty to keep clean, to discharge the duty; (b) the local authority has power to issue litter abatement notices requiring a private landowner to discharge his duty; and (c) the local authority has default powers to carry out cleaning work itself, and recover costs; andthe extension of section 1 of the Litter Act 1983 to all areas covered by the duty to keep clean, and the widening of its scope.I am arranging for copies of the consultation document to be placed in the Library of the House. Copies are also being sent to interested parties, inviting comments by 29 September. Subject to responses to the consultation, the Government intend to introduce the necessary legislation at the earliest opportunity.