Asked by: Lord Clement-Jones (Liberal Democrat - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what assessment they have made of compliance with the littering enforcement guidance for local authorities; and what plans they have, if any, to place it on a statutory footing.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
The Government has not made an assessment of local authority compliance with the existing, advisory littering enforcement guidance.
Defra recognises the role that appropriate and proportionate enforcement can play in helping local authorities keep streets clear of litter. Defra is considering the benefits of bringing forward statutory litter enforcement guidance and any new guidance will be announced in the usual way.
Asked by: Lord Clement-Jones (Liberal Democrat - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government, further to the Written Answer by Lord Benyon on 28 February 2023 (HL5643), what plans they have to reissue the 2019 Code of Practice on Litter and Refuse as binding statutory guidance on local councils and outsourced firms.
Answered by Baroness Hayman of Ullock - Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
The Code of Practice on Litter and Refuse, published in 2006, is already statutory and local councils and other duty bodies must have regard to it when carrying out their duty to keep relevant land clear of litter and refuse.
Separate guidance on enforcement was published in 2019 and attached to the Code of Practice but is not statutory.
At this stage, the Government has not yet made an assessment of how it can further support local authorities to tackle litter.
Asked by: Lord Clement-Jones (Liberal Democrat - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what powers they have to reissue the 2019 Code of Practice on Litter and Refuse as binding statutory guidance on local councils and outsourced firms; and what plans they have, if any, to use those powers to do so in the current parliament.
Answered by Lord Benyon - Lord Chamberlain (HM Household)
The Environment Act 2021 will allow us to place our current litter enforcement guidance on a firm statutory footing, giving those to which it applies a clear and explicit duty to have regard to it when exercising their enforcement functions. We have committed to doing so in the Environmental Improvement Plan and will provide further details in due course.
Asked by: Lord Clement-Jones (Liberal Democrat - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask His Majesty's Government what assessment they have made of local authority compliance with the 2019 Code of Practice on Litter and Refuse in relation to the issuing of penalties as an intentional policy for generating revenue or profit.
Answered by Lord Benyon - Lord Chamberlain (HM Household)
No such assessment has been made. Last year, a Defra minister wrote to councils reiterating that in no circumstances should enforcement activity be considered a means to raise revenue. That letter has been published on GOV.UK at: https://www.gov.uk/government/publications/litter-enforcement-powers-letter-to-councils. A copy is attached to this answer.
Asked by: Lord Clement-Jones (Liberal Democrat - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government whether the implementation of the Ivory Act 2018 is a priority.
Answered by Lord Goldsmith of Richmond Park
The implementation of the Ivory Act 2018 is a priority for the Government. We are working to implement the Act as soon as practicable, including the preparation of the secondary legislation required to commence the Act.
Asked by: Lord Clement-Jones (Liberal Democrat - Life peer)
Question to the Department for Environment, Food and Rural Affairs:
To ask Her Majesty's Government whether the Ivory Act 2018 will commence upon the conclusion of the ongoing judicial proceedings.
Answered by Lord Goldsmith of Richmond Park
The implementation of the Ivory Act 2018 is a priority for the Government. We are working to implement the Act as soon as practicable, including the preparation of the secondary legislation required to commence the Act.