Asked by: Nusrat Ghani (Conservative - Sussex Weald)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment Food and Rural Affairs, how many cases of repeat fly-tipping have been recorded in Wealden District in the last 12 months.
Answered by Baroness Coffey
Defra does not hold information on how many cases of repeat fly-tipping have been recorded in Wealden District in the last 12 months and to obtain the information would incur disproportionate cost. Information on fly-tipping incidents and the actions taken by Wealden District and other local authorities in England is published annually and can be found here: https://www.gov.uk/government/statistical-data-sets/env24-fly-tipping-incidents-and-actions-taken-in-england
Asked by: Nusrat Ghani (Conservative - Sussex Weald)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment he has made of the effectiveness of (a) custodial sentences, (b) fines and (c) community sentences in deterring fly-tipping.
Answered by Baroness Coffey
In 2014 the Sentencing Council introduced a new sentencing guideline for environmental crimes including fly-tipping. The guidelines were published to ensure a consistent approach to these offences is taken by courts in England and Wales. Requests for further guidance were received by the Sentencing Council from the National Fly Tipping Prevention Group, chaired by Defra, and the Environment Agency. This was due to concerns that the fines were not high enough to reflect the seriousness of the offences committed or to have a deterrent effect, and that there was an inconsistency in fine levels across the country.
The guidelines encourage magistrates to make more use of the highest levels of fines for some of the more serious offences that come before the courts. It also helps sentencers more easily pitch a fine that is proportionate to the means of the offender.
The Sentencing Council reviewed the effectiveness of the guidelines in 2016. The assessment showed that the level of fines for organisations has risen, but fines for individuals have not seen the same increase. Fines are the most common sentences passed for these offences, since the offences are motivated by making a profit or saving money. However, custody remains the starting point for the most serious types of individual offenders who deliberately commit a crime that causes significant or major harm.
The penalties for fly-tipping are on summary conviction: imprisonment for a term not exceeding 12 months or a fine or both; and on conviction on Indictment: imprisonment for a term not exceeding five years or a fine or both. The removal in 2015 of the £5,000 cap for maximum fines that magistrate’s courts can impose, means that magistrates can hand down an unlimited fine for a fly-tipping summary offences.
In May 2016 we introduced fixed penalty notices of up to £400 for small-scale fly-tipping. This provided local authorities with an alternative to prosecutions and take a more proportionate enforcement response.
Asked by: Nusrat Ghani (Conservative - Sussex Weald)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs whether he plans to increase the length of sentences for repeat fly-tipping offenders; and if he will make a statement.
Answered by Baroness Coffey
The Government is committed to tackling fly-tipping at all levels. The maximum penalty on indictment for fly-tipping is imprisonment of up to five years or a potentially unlimited fine. It is for local authorities to use the full range of powers available to them and ensure they prioritise resources to tackling this issue.
We worked with the Sentencing Council to strengthen Guidelines for environmental offences in 2014. We will continue to work with the appropriate people in the court system to ensure sentencing levels act as an effective deterrent.
Asked by: Nusrat Ghani (Conservative - Sussex Weald)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what information his Department holds on the reoffending rate for people convicted of fly-tipping.
Answered by Baroness Coffey
The Ministry of Justice records details of reoffending, which can be found at: www.gov.uk/government/statistics/proven-reoffending-statistics-october-2015-to-december-2015.
Asked by: Nusrat Ghani (Conservative - Sussex Weald)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs whether he plans to increase the length of sentences for repeat fly-tipping offenders; and if he will make a statement.
Answered by Baroness Coffey
The Government is committed to tackling fly-tipping at all levels. The maximum penalty on indictment for fly-tipping is imprisonment of up to five years or a potentially unlimited fine. It is for local authorities to use the full range of powers available to them and ensure they prioritise resources to tackling this issue.
We worked with the Sentencing Council to strengthen Guidelines for environmental offences in 2014. We will continue to work with the appropriate people in the court system to ensure sentencing levels act as an effective deterrent.
Asked by: Nusrat Ghani (Conservative - Sussex Weald)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, what information his Department holds on the reoffending rate for people convicted of fly-tipping.
Answered by Baroness Coffey
The Ministry of Justice records details of reoffending, which can be found at: www.gov.uk/government/statistics/proven-reoffending-statistics-october-2015-to-december-2015.