HC Deb 30 November 2000 vol 357 cc768-73W
Mr. McDonnell

To ask the Secretary of State for the Environment, Transport and the Regions what estimate his Department has made (1) of the volume of illegally flytipped waste removed by(a) the Environment Agency and (b) local authorities in (i) 1995, (ii) 1996, (iii) 1997, (iv) 1998, (v) 1999 and (vi) 2000; [140511]

(2) of the cost to (a) the Environment Agency and (b) local authorities of removing waste illegally flytipped in (i) 1995, (ii) 1996, (iii) 1997, (iv) 1998, (v) 1999 and (vi) 2000. [140510]

Mr. Mullin

Under section 59 of the Environmental Protection Act 1990 the Environment Agency and local authorities may remove flytipped waste from land in certain circumstances. Where these powers are used the agency or local authority is entitled to recover its costs from the person who deposited the waste or knowingly caused or permitted its deposit.

The Environment Agency does not currently collate data on the removal of flytipped waste. However, based on budget information the Agency has estimated that its costs for the removal of flytipped waste are approximately £500,000 per annum. No precise figures are available on the volumes of waste removed.

Data on the costs and volume of the removal of flytipped waste by local authorities are not held centrally.

Mr. McDonnell

To ask the Secretary of State for the Environment, Transport and the Regions (1) if he will list the individuals and companies prosecuted by the Environment Agency for illegal flytipping in the London area in 1999 and 2000; [140500]

(2) how many prosecutions have been secured by (a) the Environment Agency and (b) local authorities in relation to illegal flytipping (i) nationally and (ii) in the London area in 1995, 1996, 1997, 1998, 1999 and 2000; [140505]

(3) what has been the average fine levied on (a) individuals and (b) companies convicted of illegal flytipping in (i) 1995, (ii) 1996, (iii) 1997, (iv) 1998, (v) 1999 and (vi) 2000. [140504]

Mr. Mullin

Flytipping is not defined in legislation but the term is generally used to refer to the illegal disposal of waste on sites which have neither a waste management licence nor a registered exemption from licensing—in contravention of sections 33 or 34 of the Environmental Protection Act 1990. However, it is also an offence under section 33 to dispose of waste in contravention of a licence. The available data do not separately identify the two different types of offences committed under section 33 and the following information therefore includes offences other than flytipping.

The Environment Agency advises that in the time available to answer the question it is unable to provide a list of those prosecuted specifically under sections 33 or 34 of the 1990 Act in the London area in 1999 and 2000. However, I am happy to write to my hon. Friend with this information and to place a copy of my letter in the Library of the House.

In the meantime, the Environment Agency has provided the following list of individuals and companies successfully prosecuted by its Thames Region for waste offences under Part II of the 1990 Act:

January 1999 to December 1999

  • David Kennedy trading as (t/a) D and A Developments
  • John Rawlings
  • Robert Clarke
  • Andrew Baughan t/a Banbury Demolition
  • Anthony Cnincharo
  • Joseph Lee
  • Philip Watson
  • M and P Mccarthy Bros.
  • William Winters
  • Frederick Holmes
    • 770W
  • Sonny Smith
  • John White
  • John Holmes
  • Brian Davies
  • Lee Sardell
  • Greenwich Waste Management Ltd.
  • Mark Avery
  • Geoffrey David Parker
  • Thomas Arthur Copas
  • Copas Brothers (Farms) Ltd.
  • Lee Richard Pearson
  • J. L. Dicks (Honeywagon) Company Ltd.
  • Bernard John Soyer
  • Mark Pattenden
  • Lee Drewitt
  • Kevin Maloney
  • Caleb Beldom
  • Paul Anthony Bridger
  • Mark Kirby
  • Roger Irwing
  • William David Tiller
  • James William Warren
  • Moinui Islam
  • Gary Nigel Langley
  • Thomas Patrick Wall
  • January 2000 to October 2000
  • Paul Thornton
  • David Millard
  • Allan John Payne
  • Richard Colin Day
  • Frank Gerald McDonagh
  • Thames Water Utilities Ltd.
  • Giuseppe Severino
  • Christopher John Dann
  • Ruben Reed
  • Barry Croucher
  • Russell Payne
  • Dean Stroud
  • David Prater
  • James Hyatt t/a Surrey Waste Services
  • Peter King
  • Sung Hoon Baeg
  • George Collins
  • Daniel Praeter
  • Tony Lee Farrell
  • Sam Frankham
  • Mark Mahoney.

The average fines levied on individuals in all courts for offences under sections 33 and 34 of the 1990 Act, taken from the Home Office Court Proceedings Database, are as given:

  1. (i) 1995: £377
  2. (ii) 1996: £650
  3. (iii) 1997: £775
  4. (iv) 1998: £612
  5. (v) 1999: £654
  6. (vi) 2000: data not yet available.

The average fines levied on organisations in all courts for offences under section 33 and 34 of the 1990 Act, taken from the Home Office Court Proceedings Database, are as follows:

  1. (i) 1995: £1,191
  2. (ii) 1996: £2,623
  3. (iii) 1997: £2,125
  4. (iv) 1998: £2,221
  5. (v) 1999: £2,585
  6. (vi) 2000: data not yet available

Note

"Organisations" includes companies, agencies, local authorities, private bodies etc.

The Crime and Criminal Justice Unit of the Home Office does not hold data on prosecutions taken by the Environment Agency separately from those taken by local authorities. The available figures, as shown in (i) and (ii) below, are taken from the Home Office Court Proceedings Database based on the principal offence. Data also include prosecutions by police:

(i) The total number of defendants prosecuted at magistrates courts for offences under sections 33 and 34 of the 1990 Act in England and Wales for offences under sections 33 and 34 of the 1990 Act in England and Wales
Year Number
1995 134
1996 199
1997 173
1998 220
1999 233
2000 1—
1Data not yet available

(ii) The total number of defendants prosecuted at magistrates courts for offences under sections 33 and 34 of the 1990 Act in the Metropolitan police area
Year Number
1995 31
1996 34
1997 39
1998 56
1999 70
2000 1—
1Data not yet available

Mr. McDonnell

To ask the Secretary of State for the Environment, Transport and the Regions if he will launch an investigation into the role of criminal gangs in illegal flytipping in the London area. [140506]

Mr. Mullin

There are strict controls in place to ensure that waste is disposed of without danger to the public or the environment. The responsibility for the investigation of any alleged breaches of these controls and subsequent enforcement action rests with the Environment Agency and, in some circumstances, with local authorities as waste collection authorities. Any evidence of flytipping, including the involvement of criminal gangs, should be reported to the Environment Agency so that it may undertake relevant investigations.

Mr. McDonnell

To ask the Secretary of State for the Environment, Transport and the Regions what plans the Government have to increase the penalties for illegal flytipping. [140507]

Mr. Mullin

The maximum penalties for flytipping of waste are already severe—an unlimited fine and up to five years' imprisonment on conviction in a Crown Court—and the Government have no plans to increase them. The courts are independent of the Government and it is for them to determine the penalties they impose, within the terms of the relevant legislation, and to ensure that sentences fully reflect the gravity of offences which damage the environment.

However, it is the Government's view that severe penalties should be imposed for significant breaches of environmental law. The Government's response to the Environment, Transport and Regional Affairs Select Committee's Reports on the Environment Agency (2000) and on the Operation of the Landfill Tax (1999) made this clear and set out the action being taken to ensure that the Courts are fully aware of the Government' s concern about this issue.

Mr. McDonnell

To ask the Secretary of State for the Environment, Transport and the Regions what plans the Government have to review the law on illegal flytipping. [140508]

Mr. Mullin

The Government currently have no plans to review the legislation on flytipping. However, the FlyTipping Forum which brings together the Government, the Environment Agency, local authorities, the National Farmers' Union, the Country Landowners Association and other national organisations is addressing the specific problem of flytipping on farms. It is assessing the scale of the problem, and will look at how the enforcement agencies can work more effectively together, including the pursuit of offenders and more effective deterrence. The Government will then consider the results of this research and any recommendations which the Forum may make.

Mr. McDonnell

To ask the Secretary of State for the Environment, Transport and the Regions what plans the Government have to provide assistance to local authorities in tackling illegal flytipping. [140509]

Mr. Mullin

Local authorities' responsibilities for flytipping are funded through the Revenue Support Grant. Substantial extra resources—an increase of £1,127 million by 2003–04—will help fund environmental, protective and cultural services. Local authorities will set their own priorities for the use of these resources.

Dr. Stoate

To ask the Secretary of State for the Environment, Transport and the Regions what steps have been taken to publicise the 24 hour emergency telephone hotline for members of the public reporting information about flytipping incidents. [140994]

Mr. Mullin

The Environment Agency's emergency hotline (0800 80 70 60) plays an important role in alerting the Agency to all types of environmental incidents—including flytipping. The Agency promotes the number as widely as possible through their public relations activities—including flytipping campaigns and the FlyTipping Forum—and it features in a wide range of the Agency's reports and publications such as the "Customer Charter" and waste management explanatory leaflets.

Dr. Stoate

To ask the Secretary of State for the Environment, Transport and the Regions how many calls have been received by the Environment Agency's 24 hour emergency telephone hotline for members of the public reporting information about flytipping incidents since it was set up; and how many have resulted in the prosecution of suspected flytippers. [140993]

Mr. Mullin

The Environment Agency received 30 reports of fly tipping incidents on their 24 hour emergency telephone hotline (0800 80 70 60) in the period from 31 March 1999 to 1 April 2000. The hotline is used for the reporting of all environmental incidents and the Agency does not collate data on how many prosecutions result from the public's use of it. However, I have asked the Agency whether it is possible to establish how many of the 30 reported flytipping incidents have resulted in prosecutions. I will write to my hon. Friend on receipt of the Agency's response and place a copy of my letter in the Library of the House.