§ Baroness Byfordasked Her Majesty's Government:
Further to the Written Answer by the Lord Whitty on 10 January (WA 17), what action the Environment Agency takes when dealing with a fly-tipping incident; why the prosecution percentage has fallen from 7.2 per cent in 2000 to 4.7 per cent; and whether they have any plans to improve results by changing the system. [HL1277]
§ Lord WhittyThe Environment Agency (the agency) responds to specific incidents of fly-tipping. The agency and the local government association have agreed the "fly-tipping protocol" that sets out the respective roles and responsibilities of the agency and local authorities. The agency will respond to incidents: of a large scale, that involve organised crime of containers of hazardous waste. They may also intervene if the illegally dumped waste is causing water pollution or a flood-risk.
The agency response may consist of one or more of a number of elements, depending on the incident. These elements include: investigation, clear-up and the serving of notices for the removal of waste and enforcement action, including prosecution.
The fly-tipping protocol is currently being updated and Defra is drafting statutory directions to the agency and waste collection authorities under the Anti-social Behaviour Act 2003 to ensure fly-tipping is dealt with effectively.