§ Lord Monsonasked Her Majesty's Government:
Whether they are aware that, despite repeated ministerial assurances that Section 87 of the Environmental Protection Act 1990 effectively made illegal the placing of advertising leaflets under car windscreen wipers, the legal departments of most: local authorities maintain that Section 87 is too ambiguous to justify the costs of a prosecution; and accordingly whether they will circularise local authorities to clarify the state of the law so that prosecutions for this offence may be undertaken.
§ The Parliamentary Under-Secretary of State, Department of the Environment (The Earl of Arran)It appears to the Department of the Environment that Section 87 would apply to a person leaving a leaflet on the windscreen of a car in a public place (such as. the highway or in certain car parks). Under Section 87 it is an offence to "…deposit…and leave, any thing whatsoever…as to tend to lead to the defacement by litter of any [public] place…" "unless the leaving and deposit was authorised by law or done with consent.". In this case the material would be deposited and left in a public place, and would tend to lead to defacement by litter. However it is ultimately for the courts to decide whether or not this activity constitutes an offence under Section 87.
My department is currently undertaking a review of the effectiveness of the litter provisions of the Environmental Protection Act. To assist this process, and advisory group with representatives from local authorities, the business sector, and community and voluntary groups has been examining how well the legislation is working. One of the issues being considered by the group is the problems created by the distribution of leaflets and free magazines. The group hopes to report soon.